article: SECTION 1. SHORT TITLE. This Act may be cited as the ``Yankton Sioux Tribe and Santee Sioux Tribe Equitable Compensation Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (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'')-- (A) to promote the general economic development of the United States; (B) to provide for irrigation above Sioux City, Iowa; (C) to protect urban and rural areas from devastating floods of the Missouri River; and (D) for other purposes; (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; (3) the Fort Randall project (including the Fort Randall Dam and Reservoir) overlies the western boundary of the Yankton Sioux Tribe Indian Reservation; (4) the Gavins Point project (including the Gavins Point Dam and Reservoir) overlies the eastern boundary of the Santee Sioux Tribe; (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; (6) the United States Army Corps of Engineers took the Indian lands used for the Fort Randall and Gavins Point projects by condemnation proceedings; (7) the Federal Government did not give the 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; (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); (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 (10) in addition to the financial compensation provided under the settlement agreements referred to in paragraph (9)-- (A) the Yankton Sioux Tribe should receive an aggregate amount equal to $23,023,743 for 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 (B) the Santee Sioux Tribe should receive an aggregate amount equal to $4,789,010 for the loss value of 593.10 acres of Indian land located near the Santee village. SEC. 3. DEFINITIONS. In this Act: (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)). (2) Santee sioux tribe.--The term ``Santee Sioux Tribe'' means the Santee Sioux Tribe of Nebraska. (3) Yankton sioux tribe.--The term ``Yankton Sioux Tribe'' means the Yankton Sioux Tribe of South Dakota. SEC. 4. YANKTON SIOUX TRIBE DEVELOPMENT TRUST FUND. (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. (b) Funding.--On the first day of the 11th fiscal year that begins after the date of enactment of this Act, the Secretary of the Treasury shall, from the General Fund of the Treasury, deposit into the Fund established under subsection (a)-- (1) $23,023,743; and (2) an additional amount that equals the amount of interest that would have accrued on the amount described in paragraph (1) if such amount had been invested in interest-bearing obligations of the United States, or in obligations guaranteed as to both principal and interest by the United States, on the first day of the first fiscal year that begins after the date of enactment of this Act and compounded annually thereafter. (c) Investment of Trust Fund.--It shall be the duty of the Secretary of the Treasury to invest such portion of the Fund as is not, in the Secretary of Treasury's judgment, required to meet current withdrawals. Such investments may be made only 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. (d) Payment of Interest to Tribe.-- (1) Withdrawal of interest.--Beginning on the first day of the 11th fiscal year after the date of enactment of this Act and, on the first day of each fiscal year thereafter, 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. (2) Payments to yankton sioux tribe.-- (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. (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. (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. (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). SEC. 5. SANTEE SIOUX TRIBE DEVELOPMENT TRUST FUND. (a) Establishment.--There is established in the Treasury of the United States a fund to be known as the ``Santee 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. (b) Funding.--On the first day of the 11th fiscal year that begins after the date of enactment of this Act, the Secretary of the Treasury shall, from the General Fund of the Treasury, deposit into the Fund established under subsection (a)-- (1) $4,789,010; and (2) an additional amount that equals the amount of interest that would have accrued on the amount described in paragraph (1) if such amount had been invested in interest-bearing obligations of the United States, or in obligations guaranteed as to both principal and interest by the United States, on the first day of the first fiscal year that begins after the date of enactment of this Act and compounded annually thereafter. (c) Investment of Trust Fund.--It shall be the duty of the Secretary of the Treasury to invest such portion of the Fund as is not, in the Secretary of Treasury's judgment, required to meet current withdrawals. Such investments may be made only 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. (d) Payment of Interest to Tribe.-- (1) Withdrawal of interest.--Beginning on the first day of the 11th fiscal year after the date of enactment of this Act and, on the first day of each fiscal year thereafter, 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. (2) Payments to santee sioux tribe.-- (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. (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. (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. (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). SEC. 6. TRIBAL PLANS. (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''). (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 section 4(d) or 5(d) to promote-- (1) economic development; (2) infrastructure development; (3) the educational, health, recreational, and social welfare objectives of the tribe and its members; or (4) any combination of the activities described in paragraphs (1), (2), and (3). (c) Tribal Plan Review and Revision.-- (1) In general.--Each tribal council referred to in subsection (a) shall make available for review and comment by the members of the tribe a copy of the tribal plan for the Indian tribe before the tribal plan becomes final, in accordance with procedures established by the tribal council. (2) Updating of tribal plan.--Each tribal council referred to in subsection (a) may, on an annual basis, revise the tribal plan prepared by that tribal council to update the tribal plan. In revising the tribal plan under this paragraph, the tribal council shall provide the members of the tribe opportunity to review and comment on any proposed revision to the tribal plan. (3) Consultation.--In preparing the tribal plan and any revisions to update the plan, each tribal council shall consult with the Secretary of the Interior and the Secretary of Health and Human Services. (4) Audit.-- (A) In general.--The activities of the tribes in carrying out the tribal plans shall be audited as part of the annual single-agency audit that the tribes are required to prepare pursuant to the Office of Management and Budget circular numbered A-133. (B) Determination by auditors.--The auditors that conduct the audit described in subparagraph (A) shall-- (i) determine whether funds received by each tribe under this section for the period covered by the audits were expended to carry out the respective tribal plans in a manner consistent with this section; and (ii) include in the written findings of the audits the determinations made under clause (i). (C) Inclusion of findings with publication of proceedings of tribal council.--A copy of the written findings of the audits described in subparagraph (A) shall be inserted in the published minutes of each tribal council's proceedings for the session at which the audit is presented to the tribal councils. (d) Prohibition on Per Capita Payments.--No portion of any payment made under this Act may be distributed to any member of the Yankton Sioux Tribe or the Santee Sioux Tribe of Nebraska on a per capita basis. SEC. 7. ELIGIBILITY OF TRIBE FOR CERTAIN PROGRAMS AND SERVICES. (a) In General.--No payment made to the Yankton Sioux Tribe or Santee Sioux Tribe pursuant to this Act shall result in the reduction or denial of any service or program to which, pursuant to Federal law-- (1) the Yankton Sioux Tribe or Santee Sioux Tribe is otherwise entitled because of the status of the tribe as a federally recognized Indian tribe; or (2) any individual who is a member of a tribe under paragraph (1) is entitled because of the status of the individual as a member of the tribe. (b) Exemptions From Taxation.--No payment made pursuant to this Act shall be subject to any Federal or State income tax. (c) Power Rates.--No payment made pursuant to this Act shall affect Pick-Sloan Missouri River Basin power rates. SEC. 8. STATUTORY CONSTRUCTION. Nothing in this Act may be construed as diminishing or affecting any water right of an Indian tribe, except as specifically provided in another provision of this Act, any treaty right that is in effect on the date of enactment of this Act, or any authority of the Secretary of the Interior or the head of any other Federal agency under a law in effect on the date of enactment of this Act. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act, including such sums as may be necessary for the administration of the Yankton Sioux Tribe Development Trust Fund under section 4 and the Santee Sioux Tribe Development Trust Fund under section 5. SEC. 10. EXTINGUISHMENT OF CLAIMS. Upon the deposit of funds under sections 4(b) and 5(b), all monetary claims that the Yankton Sioux Tribe or the Santee Sioux Tribe of Nebraska has or may have against the United States for loss of value or use of land related to lands described in section 2(a)(10) resulting from the Fort Randall and Gavins Point projects of the Pick-Sloan Missouri River Basin program shall be extinguished. Passed the Senate July 24, 2002. Attest: JERI THOMSON, Secretary.
summary: Title I: Yankton Sioux and Santee Sioux Tribes Equitable Compensation - Yankton Sioux Tribe and Santee Sioux Tribe Equitable Compensation Act - (Sec. 104) Establishes in the Treasury the Yankton Sioux Tribe Development Trust Fund and the Santee Sioux Tribe Development Trust Fund.Directs the Secretary of the Treasury (Secretary), on the first day of the 11th fiscal year beginning after enactment of this Act, to transfer from the General Fund into such Funds specified amounts plus the equivalent of the annually compounded interest that would have accrued on such amounts if they had been invested in interest-bearing U.S. obligations or in obligations guaranteed by the United States. Requires the Secretary to invest in such obligations the portion of such Funds not required to meet current withdrawals.Directs the Secretary, beginning the same day as such transfer, to withdraw the aggregate amount of interest deposited into the Funds each fiscal year and transfer it to the Secretary of the Interior for making payments to the Yankton Sioux Tribe and the Santee Sioux Tribe for carrying out projects and programs under their respective Tribal Plan.(Sec. 106) Directs the tribal council of each Tribe to prepare a Tribal Plan for using payments to carry out projects and programs to promote: (1) economic development; (2) infrastructure development; or (3) the educational, health, recreational, and social welfare objectives of the Tribe and its members. Prohibits per capita distributions to Tribe members.(Sec. 107) States that payments under this Act shall not affect other Federal services or programs to which the Tribes are otherwise entitled, or the Pick-Sloan Missouri River Basin power rates, nor be subject to Federal or State income tax.(Sec. 109) Authorizes appropriations.(Sec. 110) Extinguishes all monetary claims of the Tribes against the United States for loss of value or use of land resulting from the Fort Randall and Gavins Point projects of the Pick-Sloan Missouri River Basin program upon the Secretary's transfers to the tribal Funds established by this Act.Title II: Martin's Cove Land Transfer - Martin's Cove Land Transfer Act - (Sec. 202) Directs the Secretary of the Interior to offer to convey to the Corporation of the Presiding Bishop specified public lands (Martin's Cove in Natrona County, Wyoming) for the purposes of public education, historic preservation, and enhanced recreational enjoyment of the public. Requires the Corporation to pay the United States the historic fair market value of the property conveyed, including any improvements.Directs the Secretary and the Corporation to enter into an agreement, binding on any successor or assignee, that ensures that the property conveyed shall, consistent with the site's historic purposes: (1) be available in perpetuity for public education and historic preservation; and (2) provide to the public, in perpetuity and without charge, access to the property.Directs the Secretary to require that the Church of Jesus Christ of Latter Day Saints and its current or future affiliated corporations grant the United States a right of first refusal to acquire the property at historic fair market value if the Church or any of its corporations seeks to dispose of it.Requires that the proceeds of this conveyance be used exclusively by the National Trails Interpretive Center Foundation, Inc. of Casper, Wyoming, to advance the public understanding and enjoyment of the National Historic Trails System. Requires the Foundation to use such proceeds only to: (1) complete construction of the exhibits connected with the opening of the National Historic Trails Center; and (2) maintain, acquire, and further enhance the Center's exhibits, artistic representations, historic artifacts, and grounds.States that this title does not set a precedent for the resolution of land sales between or among private entities and the United States.