text: 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.
target: 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.
feat_title: To provide equitable compensation to the Yankton Sioux Tribe of South Dakota and the Santee Sioux Tribe of Nebraska for the loss of value of certain lands, and for other purposes.