[House Report 106-735]
[From the U.S. Government Publishing Office]
106th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 106-735
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YANKTON SIOUX TRIBE AND SANTEE SIOUX TRIBE OF NEBRASKA DEVELOPMENT
TRUST FUND ACT
_______
July 17, 2000.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Young of Alaska, from the Committee on Resources, submitted the
following
R E P O R T
[To accompany H.R. 2671]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 2671) 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, having
considered the same, report favorably thereon without amendment
and recommend that the bill do pass.
PURPOSE OF THE BILL
The purpose of H.R. 2671 is to provide 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.
BACKGROUND AND NEED FOR LEGISLATION
H.R. 2671, the proposed ``Yankton Sioux Tribe and Santee
Sioux Tribe of Nebraska Development Trust Fund Act'', would
establish a development trust fund in the Treasury of the
United States for each of the two tribes as compensation for
the taking, by condemnation proceedings by the United States,
of tribal lands.
The taking of tribal lands began in 1944 with the enactment
of the Pick-Sloan Missouri River Basin program which included
the Fort Randall and Gavins Point projects. The United States
took 2,851.4 acres of Yankton Sioux tribal lands for the Fort
Randall Dam and Reservoir and 1,007.22 acres of Santee Sioux
lands for the Gavins Point Dam and Reservoir.
Pursuant to H.R. 2671, annual payments to each tribe out of
each development trust fund created shall consist of the income
generated through the investment of funds by the Secretary of
the Treasury in interest-bearing obligations of the United
States or in obligations guaranteed by the United States.
Payments will be made to each tribe by the Secretary of the
Interior as payments are requested by the tribe pursuant to
tribal resolution for the carrying out projects and programs
under a tribal plan. Each tribal plan shall promote economic
development, infrastructure development and educational,
health, recreational, and social welfare objectives.
Similar recovery funds have been created by Congress for
four other Missouri River tribes which were impacted by the
Pick-Sloan Missouri River Basin program. Those tribes are the
Three Affiliated Tribes of the Fort Berthold Reservation, the
Standing Rock Sioux Tribe, the Crow Creek Sioux Tribe, and the
Lower Brule Sioux Tribe. Similar legislation is now pending
before Congress which would create a similar tribal recovery
trust fund for the Cheyenne River Sioux Tribe which is
comprised of the Itazipco, Siha Sapa, Minniconjou, and
Oohenumpa bands of the Great Sioux Nation.
COMMITTEE ACTION
H.R. 2671 was introduced on August 2, 1999, by Congressman
Bill Barrett (R-NE). The bill was referred to the Committee on
Resources. On May 16, 2000, the Full Resources Committee held a
hearing on the bill. On June 28, 2000, the Full Resources
Committee met to mark up the bill. No amendments were offered
and the bill was ordered favorably reported to the House of
Representatives by unanimous consent.
COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Resources' oversight findings and recommendations
are reflected in the body of this report.
CONSTITUTIONAL AUTHORITY STATEMENT
Article I, section 8 of the Constitution of the United
States grants Congress the authority to enact this bill.
COMPLIANCE WITH HOUSE RULE XIII
1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(3)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act. As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, credit
authority, or an increase or decrease in revenues or tax
expenditures. According to the Congressional Budget Office,
enactment of this bill would increase direct spending by $2-3
million each year starting in fiscal year 2001. This spending
occurs as the Secretary of the Interior makes payments to
tribes of the interest earned on the trust funds established by
the bill.
3. Government Reform Oversight Findings. Under clause
3(c)(4) of rule XIII of the Rules of the House of
Representatives, the Committee has received no report of
oversight findings and recommendations from the Committee on
Government Reform on this bill.
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for this bill from the Director of the Congressional Budget
Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, July 12, 2000.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
Dear Chairman: The Congressional Budget Office has prepared
the enclosed cost estimate for H.R. 2671, the Yankton Sioux
Tribe and Santee Sioux Tribe of Nebraska Development Trust Fund
Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Lanette J.
Keith.
Sincerely,
Barry B. Anderson
(For Dan L. Crippen, Director).
Enclosure.
H.R. 2671--Yankton Sioux Tribe and Santee Sioux Tribe of Nebraska
Development Trust Fund Act
Summary: H.R. 2671 would compensate the Yankton Sioux Tribe
and the Santee Sioux Tribe for the taking of certain tribal
lands by the federal government. CBO estimates that enacting
this bill would increase direct spending by $2 million to $3
million a year; therefore, pay-as-you-go procedures would
apply. The bill contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
Tribal governments might incur some costs as a result of the
bill's enactment, but these costs would be voluntary.
Estimated cost to the Federal Government: CBO estimates
that enacting H.R. 2671 would increase direct spending by $2
million to $3 million each year starting in 2001, from the
interest earnings on trust funds that the bill would establish.
The cost of this legislation would fall within budget function
450 (community and regional development).
Basis of estimate: H.R. 2671 would provide compensation to
the two tribes for the taking of 4,267 acres of land by the
federal government for various water projects. The bill would
establish the Yankton Sioux Tribe Development Trust Fund and
the Santee Sioux Tribe of Nebraska Development Trust Fund and
would direct the Secretary of the Treasury to deposit a total
of $42 million into interest-bearing accounts to benefit the
tribes.
H.R. 2671 would authorize the Secretary of the Interior to
withdraw the interest earned on the trust funds annually and
use such funds to make payment to the tribes. Based on
information from the Bureau of Indian Affairs, CBO expects that
the tribes would request the payment of the full amount of the
interest earned each year.
Pay-as-you-go-considerations: The Balanced Budget and
Emergency Deficit Control Act sets up pay-as-you-go procedures
for legislation affecting direct spending or receipts. The
following table summarizes the estimated pay-as-you-go effects
of H.R. 2671. For the purposes of enforcing pay-as-you-go
procedures, only the effects in the current year, the budget
year, and the succeeding four years are counted.
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By fiscal year, in millions of dollars--
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2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010
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Changes in outlays................. 0 3 3 2 2 2 2 2 2 2 2
Changes in receipts................ Not applicable
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Estimated Impact on state, local, and tribal governments:
H.R. 2671 contains no intergovernmental mandates as defined in
UMRA, but it would impose some conditions on the affected
tribes for receipt of federal funds. The bill would require the
tribes to prepare and adopt plans for using payments from the
trust fund. The tribes would receive significant benefits from
enactment of this legislation.
Enactment impact on the private sector: The bill contains
no new private-sector mandates as defined by UMRA.
Estimate prepared by: Federal costs: Lanette J. Keith.
Impact on State, local, and tribal governments: Marjorie
Miller. Impact on the private sector: Sarah Sitarek.
Estimate approved by: Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.
Compliance with Public Law 104-4
This bill contains no unfunded mandates.
Preemption of State, Local, or Tribal Law
This bill is not intended to preempt any State, local, or
tribal law.
Changes in Existing Law
If enacted, this bill would make no changes in existing
law.