Title I: Black Hills Land Restoration to the Sioux Nation - Sioux Nation Black Hills Restoration Act of 1990 - Declares a specified tract of land which was a portion of the permanent Sioux Indian reservation confirmed by the Ft. Laramie Treaty to be the reestablished area for the permanent reservation of the Sioux Nation. Designates such reservation as the Black Hills Indian Reservation. Holds such reservation in reservation status until directed by the Congress with the consent of three-fourths of the adult members of the Sioux Nation expressed in a referendum election.
Declares all Federal lands, subsurface mineral estates and interest, and water rights (including all valid rights, reservations, easement, leases, permits, agreements, and memoranda of understanding affecting Federal interests) within the reestablished area to be the property of the Sioux Nation. Provides for the conveyance of such interests, with the exception of the Mount Rushmore National Memorial, to the Sioux Nation. Gives the Sioux Nation first preference in bidding for the operation of all Federal concessions within the reestablished area.
Directs the Secretary of the Interior and the Sioux Nation to adopt a comprehensive land use plan for the Reservation. Places 20 percent of lands within the reestablished area under the control of the Sioux Nation for its absolute and undisturbed use and occupation. Prohibits subsurface mining on such lands. Authorizes the Sioux National Congress to grant use permits to Sioux Nation Organizations and members. Limits such grants to one acre per organization or member and limits use permits to periods of five years. Provides that 80 percent of Federal lands granted to the Sioux Nation shall be declared as Sioux National Parks, to remain accessible to Sioux and non-Sioux persons.
Makes the Secretary, through the National Park Service, responsible for the management of such lands. Declares that all lands not under direct control of the Sioux Nation shall remain a part of the Reservation, to be called the Black Hills Sioux National Park.
Preserves the use of privately held lands, water and mineral rights, and other interests within the reestablished area. Grants the Sioux Nation the right to acquire such rights or interests. Includes private interests acquired by the Sioux Nation in such area in the Reservation.
Directs the Secretary to negotiate on behalf of the Sioux Nation for an exchange of all State and privately held lands located at Bear Butte, South Dakota. Authorizes the Secretary, in acquiring lands by exchange, to utilize unappropriated public domain lands under the jurisdiction of the National Forest Service or the Department of the Interior. Sets forth requirements with respect to water rights acquired from the State of South Dakota, its political subdivisions, or private parties.
Continues existing mineral leases, grazing permits, and timber leases, permits, or contracts on Federal lands granted to the Sioux Nation under this title. Rejects all applications for mineral leases involving such lands that are pending on this Act's enactment date. Requires all future mineral leases and grazing permits to be administered by the Sioux National Congress and all income derived from grazing permits to inure to the Sioux Nation. Provides that all income derived from timber leases, permits, or contracts shall be administered by the Sioux National Congress. Requires 25 percent of timber income to be contributed to the county government within which the lands from which the income is derived are located.
Exempts lands, water and mineral rights, and other interests acquired by the Sioux Nation within the reestablished area from Federal, State, and local taxation. Exempts such lands, water rights, and other interests from Federal or State acquisition without the consent of the Sioux Nation.
Declares all game and fish within the Reservation to be the property of the Sioux Nation. Grants the Sioux National Congress the exclusive right to manage all game and fish within the Reservation and to contract with any Department of the Interior, Department of Agriculture, or State agency to manage and stock game and fish on the Reservation.
Title II: Compensation to the Sioux Nation - Sioux Nation Reconstruction Trust Fund Act of 1990 - Establishes a Blue Ribbon Panel on Fair and Just Compensation to recommend to the Congress the compensation to be paid to the Sioux people. Allocates the payment of compensation as follows: (1) five percent to be paid directly to the tribes of the Sioux Nation to be expended in accordance with a distribution plan; (2) five percent to be paid as aid to all members of the tribe, regardless of place of residence, in the form of rehabilitation grants; and (3) 90 percent to be invested in a permanent interest-bearing trust fund for the benefit of the Sioux Nation and its future generations.
Directs the Secretary to report annually to the tribes of the Sioux Nation on the name of all financial institutions in which certain funds appropriated pursuant to an Act of March 13, 1978, are invested and the amount of principal and interest earned on such funds.
Authorizes appropriations.
Title III: Self-Determination of the Sioux Nation - Sioux Nation Self-Determination Act of 1990 - Reaffirms the reservation boundaries of each tribe of the Sioux Nation. Prohibits such boundaries from being diminished, except by an Act of the Congress enacted with the consent of three-fourths of the adult members of the affected reservation. Declares all territory contained in or added to the reservation to be Indian country for purposes of civil and criminal jurisdiction.
Prohibits any transfer of tribal or individual trust land except between the tribe or corporation on whose reservation the lands are located and members of the Sioux Nation owning lands on such reservations. Applies such requirements to reservations of specified Sioux Nation tribes. Requires all restricted Indian lands and lands held in fee by Sioux Nation members owning lands on such reservations to descend or be devised in accordance with the laws of the tribe residing on the reservation.
Provides that the Secretary shall have a mandatory duty to acquire any interest in lands or water, surface, or mineral rights within the existing reservations of the Sioux Nation for the purpose of providing lands to the Sioux Nation tribes and members. Authorizes appropriations. Applies such acquisition requirement to specified Sioux Nation reservations. Makes income derived from such lands or rights exempt from State and local taxation.
Makes certain provisions authorizing the sale of land by individual Indian owners inapplicable to specified Sioux Nation reservations.
Makes provisions authorizing individual Indian land owners to execute mortgages or deeds of trust to such land inapplicable to specified Sioux Nation reservations, except when such mortgages or deeds are made between the tribe as mortgagee and a tribal member or other Indian holding trust or restricted land on the reservation as mortgagor.
Declares all waters and fish and wild game on Sioux Nation reservations to be the property of the tribe occupying the reservation.
Recognizes and reaffirms: (1) the right of each Sioux Nation tribe to define their forms of government and tribal membership; and (2) each constitution and bylaw of such tribes. Sets forth governmental powers of such tribes. Recognizes a constitutional government of the Sioux Nation and sets forth requirements for the Sioux Nation constitution. Provides for an Interim Management Board to act on behalf of the Sioux Nation in the period between the approval of this Act and the adoption of a constitution creating the Sioux National Congress.
Requires all Federal taxes collected from persons residing or doing business on Sioux Nation reservations to be refunded back to the tribes occupying such reservations and to be used for governmental purposes.
Withdraws all jurisdiction granted to a State under a specified public law with respect to Sioux Nation reservations. Prohibits State, county, or local governments from exercising any criminal or civil jurisdiction on any Sioux Nation reservation unless authorized to do so by people of the reservation and an Act of the Congress. Provides for the removal of Federal questions involving such reservations to U.S. district courts. Sets forth provisions concerning Federal, State, and Sioux Nation civil and criminal jurisdiction on reservations.
Title IV: Miscellaneous Provisions - Continues all existing treaties between the United States and Sioux Nation tribes, provided that they are consistent with this Act. Reserves all rights and exemptions not expressly delegated to the Federal or State Governments for the Sioux Nation. Provides that all members of the Sioux Nation shall have U.S. citizenship, citizenship of the States in which they reside (when they are residing outside of the boundaries of any reservation), and membership in the Sioux Nation.
Provides for Sioux Nation representation in the Congress.
Allows the Sioux Nation to obtain direct funding from specified Federal agencies and to qualify as States for purposes of securing Federal aid or grants.
Provides protection for Sioux Nation religious sites and burial grounds. Directs the Secretary to protect all Sioux Nation historical and archaeological sites.
Provides that the exterior boundaries of Sioux Nation reservations shall include the outer boundaries of all rivers which about such reservations. Declares all navigable rivers and lake beds bordering, traversing, or located on such reservations to be the property of the tribes residing on such reservations.
Makes all future cessions of: (1) the Black Hills Indian Reservation invalid unless agreed to by three-fourths of all adult members of the Sioux Nation; and (2) of any Sioux Nation reservation invalid unless agreed to by three-fourths of the adult members of the tribes occupying or interested in the reservation.
HR 5680 IH 101st CONGRESS 2d Session H. R. 5680 To settle the Black Hills claim with the Sioux Nation of Indians. IN THE HOUSE OF REPRESENTATIVES September 19, 1990 Mr. MARTINEZ introduced the following bill; which was referred to the Committee on Interior and Insular Affairs A BILL To settle the Black Hills claim with the Sioux Nation of Indians. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. PURPOSES. The purposes of this Act are to-- (1) restore federally held lands, and interests in lands, in the Black Hills country to the Sioux Nation; (2) establish a blue ribbon panel to review the claims of the Sioux Nation for monetary compensation for the denial of the absolute and undisturbed use and occupation of the Black Hills to the Sioux Nation, as guaranteed by the Ft. Laramie Treaty of April 29, 1868 (15 Stat. 635); and (3) implement the Federal Government's guarantee of self-determination and governance to the tribes of the Sioux Nation, as provided in article 8 of the Act of February 28, 1877 (19 Stat. 254), and other Federal enactments. SEC. 2. STATEMENT OF CONGRESS. (a) The Congress recognizes that the history of the United States contains numerous instances of injustice to the American Indian people. The Congress has, over the years, attempted to right many of the wrongs that were committed. The Indian Claims Commission Act of 1946 (25 U.S.C. 70 et seq.) represents such an attempt and was established for the purpose of resolving historic Indian land and treaty claims, and other claims. In special circumstances, the Congress has resolved Indian claims outside the scope of the Indian Claims Commission. The Black Hills claim represents one of these circumstances. The Black Hills claim represents an extraordinary Indian land claim which the United States Supreme Court called one of the most ripe and rank cases of dishonorable dealings in the history of the Nation. (b)(1) This Congress recognizes that the Black Hills are the aboriginal territory of the Sioux Nation and as such are deeply rooted in the traditions and culture of the Sioux people. In particular, the Black Hills are central and indispensable in the traditional religion of the Sioux people. (2) The Sioux Nation was granted legal title to the Black Hills in the 1868 Ft. Laramie Treaty. The treaty set aside the Black Hills country as part of a permanent reservation for the Sioux Nation. But, due to immense pressure to open the Black Hills up to mining and non-Indian settlement between 1874 and 1876, this Congress confiscated the Black Hills under the terms of the Act of February 28, 1877 (19 Stat. 254), after attempts to purchase it from the Sioux Nation failed. (c) This Congress recognizes that the Black Hills country is also one of the most valuable tracts of real estate in the world and has contributed greatly to the wealth of this country. At the same time, the people of the Sioux Nation have been relegated to a condition of abject poverty on their reservations due in part of their denial of the use of the Black Hills under the terms of article 2 of the 1868 Ft. Laramie Treaty. (d) Unlike other Indian nations, bands, and tribes, the people of the Sioux Nation have continuously and vigorously pressed their claim for the Black Hills from 1877 up to the present time and refuse to accept monetary compensation in exchange for the extinguishment of title to the Black Hills. (e) It is now clear that a political solution must be found to settle the Black Hills claim. The settlement must involve the restoration of Federal lands in the Black Hills to the people of the Sioux Nation. The payment of fair and just compensation to the Sioux Nation for damages inflicted upon the people as a result of the illegal confiscation of Sioux lands and the subsequent plundering of Sioux natural resources, and the fulfillment of the Federal Government's obligations to provide an orderly government to each tribe of the Sioux Nation under article 8 of the 1877 Act. This enactment represents Congress' attempt to resolve the Black Hills claim in a fair and honorable manner. SEC. 3. DEFINITIONS. For purposes of this Act: (1) The term `Federal lands' means lands held under the fee simple land tenure system by the United States, which are not held in trust or for the benefit of any other. Such term includes national forests, national parks, Bureau of Land Management lands, and other lands administered by the Department of Agriculture and the Department of the Interior, or any subagency thereof. (2) The term `lands', whether Federal or private, includes all water rights, both Federal and State, that is appurtenant to the land, as well as all mineral or nonmineral rights, mineral patents, mining claim, and all other usufruct interests. (3) The term `private lands' means lands held in fee simple by the State of South Dakota, its political subdivisions and municipalities, or by any person or entity other than the United States and its instrumentalities. (4) The term `Secretary' means the Secretary of the Interior. (5) The term `Sioux' or `Sioux Nation' means those sovereign and independent bands of the Sioux Nation who separately entered into the multilateral treaties of September 15, 1851 (11 Stat. 749) and April 29, 1868 (15 Stat. 635), with their chiefs and headmen acting as ministers whose successors-in-interest tribes were parties to the proceedings designated as Docket 74-B in the Indian Claims Commission. (6) The term `subsurface mineral estates' means the subsurface mineral rights on all Federal lands in the reestablished area defined in section 103(a), including those lands in which the surface rights were conveyed to private parties by United States patent. (7) The term `tribes' means the federally recognized or organized tribes who are successors in interest to the sovereign bands of the Sioux Nation: Cheyenne River Sioux Tribe, Crow Creek Sioux Tribe, Lower Brule Sioux Tribe, Oglala Sioux Tribe, Rosebud Sioux Tribe, Standing Rock Sioux Tribe, Santee Sioux Tribe of Nebraska, and the Sioux Tribe of the Fort Peck Reservation. TITLE I--BLACK HILLS LAND RESTORATION TO THE SIOUX NATION SEC. 101. SHORT TITLE. This title may be cited as the `Sioux Nation Black Hills Restoration Act of 1990'. SEC. 102. FINDINGS. The Congress finds the following: (1) Various bands of the Sioux Nation held aboriginal title to the Black Hills based on use and occupation of the area for a long time. (2) The 1851 Ft. Laramie Treaty granted title to various bands of the Sioux Nation under the laws of the United States (i.e., fee simple land tenure system) to 60,000,000 acres of aboriginal Sioux territory, including the Black Hills country. (3) During the 1860's, the United States attempted to build a road across Sioux territory recognized in the 1851 Ft. Laramie Treaty, which resulted in the Powder River War of 1866-68 and culminated in the Ft. Laramie Treaty of April 29, 1868 (15 Stat. 635). (4) The 1868 Ft. Laramie Treaty-- (A) granted title to a 26,000,000 acre permanent reservation for the 1851 Ft. Laramie Sioux, and other Sioux bands, by setting aside the reservation for their `absolute and undisturbed use and occupation', which included the Black Hills country; (B) recognized the unceded status of the remaining 34,000,000 acres of 1851 treaty territory, and granted expanded hunting rights over areas recognized in other tribes under the 1851 Ft. Laramie Treaty; (C) provided that no persons, except government agents and employees, would `be permitted to pass over, settle upon, or reside' on the 1868 treaty reservation; and (D) provided in article 12 that no future cessions of the 1868 treaty reservation would be valid unless agreed to by at least three-fourths of the adult male Indians that resided or were interested in the reservation. (5) In 1874, the United States Army planned and undertook an exploratory expedition into the Black Hills and sent out glowing reports of gold, which resulted in an invasion of the Black Hills by non-Indian miners and settlers in violation of both the 1868 Ft. Laramie Treaty and the criminal provisions of the United States Code (Rev. Stat. 2118; 25 U.S.C. 180). (6) The invasion of the Black Hills by non-Indian miners and settlers created intense pressure on Congress to open the Black Hills up for settlement; this resulted in the Act of August 15, 1876 (19 Stat. 176), which provided that `hereafter there shall be no appropriations made for the subsistence' of the Sioux, unless they first relinquished their rights to the hunting grounds outside their 1868 treaty reservation and ceded the Black Hills to the United States. (7) To accomplish the cession of the Black Hills and Sioux hunting grounds, Congress requested the President to appoint a commission to negotiate the cession. After the commission could not obtain the requisite signatures required under article 12 of the 1868 treaty to accomplish a cession, Congress resolved the impasse by enacting the proposed 1876 agreement into law on February 28, 1877 (19 Stat. 254). (8) The Black Hills and surrounding Sioux territory contributed greatly to the economic self-sufficiency of the Sioux people as hunting grounds. (9) The Black Hills also have a deep religious significance to the people of the Sioux Nation, who still utilized the area for religious ceremonies. (10) The bands of the Sioux Nation (and successor tribes) have pressed the Sioux people's claim for a return of Black Hills lands vigorously and continuously since February 28, 1877, and refuse to accept any monetary compensation in exchange for Black Hills territory and the right to freely exercise traditional Sioux religion in the territory. (11) Under the terms of the Indian Claims Commission Act of 1946, the tribes of the Sioux Nation were required to preserve their claims to the Black Hills by filing a claim for monetary compensation, which claim was dismissed by the court on the basis that it was previously decided in a 1942 case. (12) The Black Hills claim was subsequently refiled de novo by the tribes of the Sioux Nation (except for the Oglala Sioux Tribe) in the Court of Claims under the Act of March 13, 1978 (92 Stat. 153); this resulted in a judgment of $17,100,000 for the value of the land taken by the Act of February 28, 1877 (19 Stat. 254), $3,484 for rights of way, $450,000 for damages resulting from the removal of placer gold prior to 1877, plus 5 percent simple interest on the award, excluding the value of the gold, for a total of $105,994,430.52, which award was appropriated on July 18, 1980; this judgment was affirmed by the United States Supreme Court on June 30, 1980, United States versus Sioux Nation of Indians, 448 U.S. 371, 100 S. Ct. 2716, 65 L. Ed. 2d 844 (1980). (13) In its 1980 decision, the United States Supreme Court noted the duplicity of President Grant `in breaching the Government's treaty obligations to keep trespassers out of the Black Hills, and the pattern of duress practiced by the Government on the starving Sioux to get them to agree to the sale of the Black Hills; and concluded that `/a/ more ripe and rank case of dishonorable dealings will never, in all probability, be found in our history'. (14) The Oglala Sioux Tribe brought a lawsuit against the United States to quiet title to the Black Hills, and for damages, based on the unconstitutionality of the Act of February 28, 1877, under the `public purpose' and `due process' clauses of the fifth amendment and the `free exercise' clause of the first amendment, which suit was dismissed for want of subject matter jurisdiction, Oglala Sioux Tribe of the Pine Ridge Indian Reservation versus United States (650 F. 2d 140 (8th Cir. 1981), Cert. denied, 455 U.S. 907). (15) The Sioux Nation has never been accorded a forum within the judicial system of the United States in which to seek a return of its ancestral lands based on the unconstitutionality of the Act of February 28, 1877. (16) The Black Hills claim will not be resolved until a political settlement can be reached with the Sioux Nation; it is therefore in the best interest of the United States to enter into a just and honorable settlement with the Sioux Nation to resolve the Black Hills claim by returning certain federally held lands to the Sioux Nation and by reaching a compromise on the remainder of the lands held by private parties. SEC. 103. REESTABLISHED AREA DEFINED AND BLACK HILLS INDIAN RESERVATION CREATED. (a) REESTABLISHED AREA DEFINED- For purposes of this Act, the tract of land within the following described boundaries which was a portion of the permanent Indian reservation bounded and confirmed by the Ft. Laramie Treaty of April 29, 1868 (15 Stat. 254), is hereby declared to be the reestablished area: The western boundary of the land commences at the intersection of the northern boundary of the State of Nebraska with the western boundary of the State of South Dakota; thence north on the western boundary of the State of South Dakota to a point where it intercepts the southern boundary of the State of North Dakota; thence east along said boundary to a point where the one hundred third degree of longitude west from Greenwich intercepts the same; thence due south on the said meridian to its intersection with the east bank of the North Fork of the Cheyenne River; thence down the east bank of said stream to its junction with the South Fork of said Cheyenne River; thence up the east bank of the South Fork of said Cheyenne River to its intersection with the said one hundred and third meridian; thence due south along said meridian to the intersection with the northern boundary of the State of Nebraska; thence west on such northern boundary of the State of Nebraska; thence west on such northern boundary of the State of Nebraska to the place of beginning. (b) BLACK HILLS INDIAN RESERVATION CREATED- All Federal lands and interests in land located within the reestablished area which are returned to the ownership of the Sioux Nation are hereby declared to be a permanent reservation for the Sioux Nation. The reservation shall be called the `Black Hills Indian Reservation'. The reservation shall be held in reservation status under the terms of this Act until otherwise directed by Congress with the consent of three-fourths of the adult members of the Sioux Nation expressed in a referendum election conducted by the Secretary. SEC. 104. RECONVEYANCE OF FEDERAL LANDS TO THE SIOUX NATION; JURISDICTION OVER PERSONS LOCATED WITHIN THE REESTABLISHED AREA. (a) INVENTORY OF FEDERAL LANDS AND INTERESTS AUTHORIZED- (1) The Secretary shall identify and inventory within the reestablished area-- (A) all federally held lands, including lands currently utilized for military purposes, courthouses, office buildings, post offices, hospitals, warehouses, cemeteries, or otherwise; (B) all federally held subsurface mineral estates and interest; (C) all federally held water rights, including the quantum, location, and priority date of such rights; and (D) all valid rights, reservations, easement, leases, permits, agreements, contracts (including water supply contracts), and memorandum of understanding affecting any Federal lands, mineral estates, water rights, timber rights, and other interests. (b) PUBLICATION OF INVENTORY IN FEDERAL REGISTER- (1) By the date that is no later than 365 days from the enactment of this Act, the Secretary shall publish the inventory in the Federal Register. (2) The Secretary shall accept public comment on the inventory published in the Federal Register for a 90-day period following the date of publication. The Secretary shall investigate and respond to all allegations of error or omission in the inventory. (3) Within 60 days following the expiration of the time allocated for public comment on the first inventory, the Secretary shall publish a second inventory in the Federal Register. The second inventory shall contain any changes in the first inventory necessary to correct all errors and omissions. (c) CONVEYANCE OF FEDERAL LANDS AND MINERAL RIGHTS TO THE SIOUX NATION- (1) Except to the extent otherwise provided in this Act, all Federal lands, mineral rights, subsurface mineral estates, and all other interests in lands, located within the exterior boundaries of the reestablished area are hereby declared to be the property of the Sioux Nation. (2) The head of each agency having jurisdiction over the lands, water rights, mineral rights, subsurface mineral estates, and all other interests, granted to the Sioux Nation shall convey by Federal trust patent all of said property to the Sioux Nation. Title to said property shall be taken in the name of the United States of America in trust for the Sioux Nation. The duration of the trust period on all property conveyed to the Sioux Nation shall be perpetual, until otherwise directed by Congress with the consent of the Sioux Nation. (3) Each tract of land granted to the Sioux Nation by paragraph (1) shall be conveyed to the Sioux Nation subject to all existing easements and rights-of-way. (4) The Mount Rushmore National Memorial, and all Federal lands, buildings, and structures currently used for military purposes, courthouses, office buildings, post offices, hospitals, warehouses, or cemeteries, located within the exterior boundaries of the reestablished area shall not be conveyed to the Sioux Nation. The Sioux Nation shall be given first preference in bidding for the operation of all Federal concessions located within the reestablished area, including the concession at the Mount Rushmore National Memorial. (d) CONVEYANCE OF FEDERAL WATER RIGHTS TO SIOUX NATION- (1) All waters which are-- (A) percolating, flowing through, arising on, abutting, or otherwise located within or underneath any lands conveyed to the Sioux Nation within the reestablished area; (B) to which there is no valid, outstanding appropriation under the laws of the State of South Dakota; and (C) which would be deemed abandoned pursuant to South Dakota law on the day prior to the enactment of this Act, are hereby declared to be the property of the Sioux Nation. Said water rights shall be deemed a property right separate from the land and mineral rights conveyed by subsection (c) and shall be subject to the sole and exclusive jurisdiction and control of the Sioux Nation, except to the extent otherwise provided in this Act. (2) All water rights granted to the Sioux Nation under this title shall-- (A) retain the same quantity and quality that such rights would have if the Federal Government continued to own such rights; (B) have a priority date of September 15, 1851; and (C) be allocated to any use or purpose within and without the exterior boundaries of the Black Hills Indian Reservation as the Sioux Nation may choose: Provided, however, That no agreement consummated with the Sioux Nation for the use of any of such water shall be valid unless it has a duration not exceeding 5 years, without options to renew, and is approved by the Secretary pursuant to section 2103 of the Revised Statutes (25 U.S.C. 81). SEC. 105. LAND USE PLAN FOR UTILIZATION OF BLACK HILLS INDIAN RESERVATION LANDS REQUIRED. (a) LAND USE PLAN AUTHORIZED- (1) The Secretary and the Sioux Nation shall adopt a comprehensive land use plan for the purpose of defining the utilizing of all lands within the Black Hills Indian Reservation, including privately held lands which may be added to said reservation. (2)(A) 20 percent of all Federal lands granted to the Sioux Nation within the reestablished area, including traditional religious sites, shall be placed under the physical control of the Sioux Nation for its absolute and undisturbed use and occupation. These lands shall be identified and set aside for the use of the Sioux Nation by an agreement approved by both the existing tribal councils of the tribes of the Sioux Nation and the Secretary. (B) No subsurface mining shall be authorized on any lands placed under the physical control of the Sioux Nation. The subsurface estates granted to the Sioux Nation on lands in which non-Indians hold the right to use the surface, shall be subject to mining and oil and gas exploration and drilling with the express consent of the Sioux National Congress established under section 304 of this Act. (C) The Sioux National Congress may grant use permits to organizations and members of the Sioux Nation. No more than 1 acre shall be granted to any organization or member of the Sioux Nation. The duration of use permits shall not exceed 5 years, and shall be subject to renewal under such terms and conditions as the Sioux National Congress may prescribe. No use permit granted by the Sioux Nation to an organization or individual shall be valid unless approved by the Secretary. (D) All rents, royalties, fees, and other income realized from the lands placed under the physical control of the Sioux Nation shall become the property of the Sioux Nation and may be expended by the Sioux Nation for public purposes without restriction. (3)(A) 80 percent of all Federal lands granted to the Sioux Nation within the reestablished area shall be declared Sioux National Parks, which will remain accessible to all persons, both Sioux and non-Sioux, pursuant to the Land Use Plan. (B) The Secretary, through the National Park Service, shall be responsible for the management and maintenance of such lands until otherwise directed by Congress. The Secretary shall ensure that such lands are kept in as near of a pristine condition as possible, and shall give deference to the suggestions and wishes of the Sioux National Congress in all important managerial decisions which may adversely impact or affect the environment or the conditions of such lands, and shall notify the Sioux National Congress within a reasonable time prior to any planned decisions to allow the Sioux National Congress adequate time to express its wishes and suggestions. Except as otherwise provided in this Act, all income realized off such lands shall be utilized for the management and maintenance of such lands, and projects perpetuating Sioux Indian culture and traditions. Any excessive funds realized off such lands shall be transferred by the Secretary to the Sioux Nation Congress to be expended for public purposes. (C) All lands granted to the Sioux Nation within the reestablished area which are not placed under the physical control of the Sioux Nation shall remain a part of the Black Hills Indian Reservation, but shall be popularly called the `Black Hills Sioux National Park', and shall be so designated in all official maps. Specific areas within the Black Hills National Park may be named by the Sioux Nation in honor of their great chiefs and leaders, or otherwise. SEC. 106. STATUS OF LANDS IN REESTABLISHED AREA HELD BY PRIVATE PARTIES. (a) USE OF PRIVATE HELD LANDS, MINERAL RIGHTS, AND INTERESTS IN LANDS PRESERVED- All transfers of any lands, water rights, mineral rights, and other interests in lands held by private parties within the reestablished area described in section 103 of this Act, which would be valid under South Dakota law, but for the unconstitutional taking of such lands pursuant to the Act of February 28, 1877 (19 Stat. 254), are hereby declared to be valid under the laws of the United States. Such lands, water rights, mineral rights, and other interests in lands shall not be disturbed, and may continue to be used and occupied by the owners or persons in possession thereof to the same extent that they were used and occupied prior to the enactment of this Act. (b) ACQUISITION OF PRIVATELY HELD LANDS, MINERAL RIGHTS, AND WATER RIGHTS BY THE SIOUX NATION- The Sioux Nation shall have the right to acquire any privately held lands, mineral rights, water rights, or other interests located within the reestablished area. (c) PRIVATELY HELD LANDS ACQUIRED BY SIOUX NATION- All privately held lands, mineral rights, water rights, or other interests acquired by the Sioux Nation within the reestablished area shall be taken by the Secretary in the name of the United States of America in trust for the Sioux Nation and shall become an integral part of the Black Hills Indian Reservation and shall have the same status as Federal lands and interests granted to the Sioux Nation under this Act. The use of said lands, rights and interests shall be subject to the Land Use Plan mandated by section 105(a) of this title and held under the physical control of the Sioux Nation, in addition to those lands held under the physical control of the Sioux Nation pursuant to section 105(a)(2)(A) of this title. The Secretary shall have a mandatory duty to place said lands, rights, and interests in trust upon application of the Sioux Nation and payment of all outstanding taxes and release of all outstanding liens and encumbrances. (d) The Secretary upon passage of this Act shall negotiate on behalf of the Sioux Nation for an exchange of all State and privately held lands located at Bear Butte, South Dakota. (e) In exercising his authority to acquire lands by exchange with private parties under this subsection, the Secretary is authorized to utilize unappropriated public domain lands currently under the jurisdiction of the National Forest Service or Department of Interior, including Black Hills National Forest Service lands located outside the reestablished area. (f) All water rights acquired from the State of South Dakota or its political subdivisions, or from private parties by the Sioux Nation within the reestablished area shall-- (1) be in the same quantities, qualities, and with the same date of priority as held by their previous owners; (2) not be subject to abandonment pursuant to South Dakota law; (3) be treated as permanent present perfected rights under Federal law; and (4) be subject to such use and allocation as determined by the Sioux Nation in accordance with the Land Use Plan authorized by section 105(a) of this title. (g) USUFRUCT INTERESTS AND RELIGIOUS LIENS ON PRIVATELY HELD LANDS PRESERVED- Nothing in this Act shall be construed to extinguish or modify preexisting usufruct interests or religious liens of the Sioux Nation to private lands located within the reestablished area. SEC. 107. EXISTING MINERAL LEASES, GRAZING PERMITS, AND TIMBER LEASES, PERMITS AND CONTRACTS CONTINUED. (a) POSSESSORY AND CONTRACTS RIGHTS OF PRIVATE PARTIES ON FEDERAL LANDS GRANTED TO THE SIOUX NATION PRESERVED- Nothing contained in this title shall deprive any person or governmental entity of any valid existing right of use and possession, or of any contract right, which that person or governmental entity may have in any of the Federal lands, rights and interests granted to the Sioux Nation under the provisions of this Act. (b) MINERAL LEASES ON FEDERAL LANDS GRANTED TO THE SIOUX NATION PRESERVED- All existing mineral leases involving Federal lands granted to the Sioux Nation in this title, including oil and gas leases, which were issued or approved pursuant to Federal law prior to the date of the enactment of this Act, shall remain in full force and effect in accordance with the provisions thereof. Notwithstanding any other provisions of law, applications for mineral leases made under Federal law involving such lands, including oil and gas leases, pending on the date of enactment of this Act shall be rejected and advanced rental payments shall be returned to the applicants. All future mineral leases shall be governed by the Constitution of the Sioux National Congress authorized by section 304 and by Federal laws and regulations regarding mineral leases on Indian reservations in existence when such leases are approved. (c) GRAZING PERMITS ON FEDERAL LANDS GRANTED TO THE SIOUX NATION PRESERVED- Persons holding valid grazing permits on Federal lands granted to the Sioux Nation under this title, shall continue to exercise their grazing rights, subject to all otherwise applicable terms and conditions in existence when such permits were approved: Provided, however, That the income (minus reasonable administration fees) derived from such permits shall inure to the Sioux Nation. All future grazing permits on the Black Hills Indian Reservation shall be administered by the Sioux National Congress in accordance with otherwise applicable Federal laws and regulations and the Land Use Plan mandated by section 105(a). (d) TIMBER LEASES, PERMITS AND CONTRACTS ON FEDERAL LANDS GRANTED TO THE SIOUX NATION PRESERVED- Persons holding valid timber leases, permits or contracts on Federal lands granted to the Sioux Nation under this title, shall continue to exercise their rights under such leases, permits, and contracts, subject to all otherwise applicable terms and conditions in existence when such leases, permits, or contracts were approved: Provided, however, That the income (minus reasonable administration fees) derived from such leases, permits, or contracts shall be administered by the Sioux National Congress in accordance with otherwise applicable Federal laws and regulations and the Land Use Plan mandated by section 105 of this title. (e) CONTRIBUTION OF INCOME FROM TIMBER LEASES, PERMITS, AND CONTRACTS TO SOUTH DAKOTA COUNTIES PRESERVED- 25 percent of all income derived from timber leases, permits, and contracts from the Black Hills Indian Reservation shall be paid by the Secretary to the county government within which the lands from which the income is derived are located until otherwise directed by Congress. SEC. 108. EXEMPTION FROM TAXATION AND RESTRICTIONS ON CONDEMNATION. (a) EXEMPTION OF LANDS AND MINERAL RIGHTS GRANTED TO SIOUX NATION FROM FEDERAL AND STATE TAXATION- All lands, water rights, mineral rights, and other interests granted to or acquired by the Sioux Nation with the reestablished area, and income directly or indirectly derived therefrom, shall be absolutely exempt from Federal, State, and local taxation. (b) EXEMPTION OF LANDS AND WATER RIGHTS GRANTED TO THE SIOUX NATION FROM FEDERAL AND STATE CONDEMNATION PROCEEDINGS- All lands, water rights, and other interests granted to or acquired by the Sioux Nation within the reestablished area shall be absolutely exempt from Federal or State acquisition for public purposes without the express consent of the Sioux Nation. SEC. 109. HUNTING AND FISHING RIGHTS. (a) HUNTING AND FISHING RIGHTS GRANTED TO THE SIOUX NATION- All game and fish located within the boundaries of the Black Hills Indian Reservation are hereby declared to be the property of the Sioux Nation. (b) REGULATION OF GAME AND FISH ON THE BLACK HILLS INDIAN RESERVATION- (1) The Sioux National Congress shall have the exclusive right to manage and regulate all game and fish within the exterior boundaries of the Black Hills Indian Reservation pursuant to ordinances duly enacted for that purpose. (2) The Sioux National Congress shall have the right to contract with any agency of the Department of the Interior, Department of Agriculture, or with any State agency, for the management and stocking of game and fish on the reservation. TITLE II--COMPENSATION TO THE SIOUX NATION SEC. 201. SHORT TITLE. This title may be cited as the `Sioux Nation Reconstruction Trust Fund Act of 1990'. SEC. 202. FINDINGS. The Congress finds that-- (1) in addition to being the spiritual center of the Sioux Nation, the Black Hills greatly contributed to the economic self-sufficiency for the Sioux people; (2) notwithstanding the value of the $17,100,000 established by the Court of Claims as the value of the Black Hills at the time of taking and $3,484 for rights-of-way, plus simple interest, plus $450,000 for placer gold removed prior to 1877, and no compensation for Sioux hunting rights, the loss to the Sioux Nation must be measured in terms of the actual adjusted value of the resources extracted from the Black Hills which exceeds $18,000,000,000 for the 36,000,000 ounces of gold extracted by the Homestake Mine through 1980, plus removal of other precious metals and resources, and for the Sioux hunting rights--as transformed into aid, services, and obligations to be provided by the United States in articles 5 and 8 of the Act of February 28, 1877, and other Federal enactments; (3) the Sioux Nation must receive fair and just compensation for the denial of the `absolute and undisturbed use and occupation' of the Black Hills lands and resources for the past 113 years, and future denial of such lands and resources, as guaranteed in article 2 of the 1868 Ft. Laramie Treaty; (4) the Sioux Nation must also receive fair and just compensation for all hunting rights confiscated by the 1877 Act, taking into account the fact that such hunting rights have been transformed into `all necessary aid to assist the said Indians in the work of civilization' and `subsistence (relations) . . . (or) the equivalent thereof' (i.e, all Bureau of Indian Affairs and Indian Health Service, and other governmental services and subsistence currently received by the Sioux people) in article 5 of the 1877 Act, or alternatively, have such transformed hunting rights expressly continued in legislation; (5) the magnitude of the fair and just compensation owed to the Sioux for property confiscated in the 1877 Act must be determined by a special blue ribbon panel, established to advise the Congress on the proper amount of compensation owed to the Sioux Nation for the purpose of resolving the Black Hills claim in a fair and honorable manner; and (6) any fair and just compensation paid to the Sioux Nation must be expended in a prudent manner to enable the tribes of the Sioux Nation to rehabilitate themselves and enable the tribes to become economically self-sufficient. SEC. 203. ESTABLISHMENT OF SPECIAL BLUE RIBBON PANEL. (a) ESTABLISHMENT AND MEMBERSHIP OF BLUE RIBBON PANEL- There is hereby established a Blue Ribbon Panel on Fair and Just Compensation. The panel shall consist of distinguished legal, business, finance, academians, and other independent nongovernmental persons who must be mutually acceptable to both the United States Government and the Sioux Nation. The mission of the panel will be to recommend to the United States Congress regarding the magnitude of the fair and just compensation to be paid to the Sioux people for the damages inflicted upon the Sioux Nation as a result of the illegal confiscation of Sioux lands and the plundering of Sioux gold, silver, and other natural resources. (b) DUTIES OF BLUE RIBBON PANEL DEFINED- (1) The members of the panel shall undertake and complete a comprehensive review of all claims of the Sioux Nation for monetary compensation based on the confiscation of the Black Hills and Sioux hunting rights by the Act of February 28, 1877. (2) The panel shall hold at least one field hearing on each of the Sioux reservations involved in the Black Hills claim, and at urban centers containing members of the Sioux Nation in substantial numbers, and shall have the power to subpoena witnesses to attend such hearings. (c) PROTOCOL OF BLUE RIBBON PANEL- The panel shall establish the protocol, subject to the approval of the Secretary of the Interior, to be followed in carrying out its mandate under this Act. The panel shall submit a written report, with recommendations, to Congress within 365 days from the date of enactment of this Act. The Secretary shall have the authority to grant extensions of time not exceeding 365 days to all the panel to complete its mandate under this Act. (d) COMPENSATION, EXPENSES, AND STAFFING FOR BLUE RIBBON PANEL- The members of the panel shall be entitled to compensation for their services and expenses in such amounts as determined by the Secretary. The special panel shall be provided with all staff, supplies, equipment, and other expenses necessary to carry out its mandate under this Act. (e) UTILIZATION OF PROCEEDS FROM ANY FAIR AND JUST COMPENSATION PAID TO THE SIOUX NATION- Upon actual payment of the fair and just compensation to the Sioux Nation based upon recommendations made by the Blue Ribbon Panel-- (1) 5 percent of the compensation shall be paid directly to the tribes of the Sioux Nation to be expended in accordance with a distribution plan adopted by each tribe and approved by the Secretary. At a minimum, a tribal plan shall include provisions for elimination of all debt, aid to the tribal government for land consolidation within the reservation, other governmental programs, and a tribal reserve or investment account, not exceeding 20 percent of the total amount allocated to the tribe, aid to schools and community colleges, aid for health care and prevention programs, aid in the form of scholarships and loans to vocational, college, and professional school students, aid for economic development on the reservation in the form of grants and loans to members of the tribe, and business grants and/or loans to members of the tribe that reside off the reservation. (2) 5 percent of the compensation shall be paid as aid to all members of the tribe, regardless of place of residence in the form of rehabilitation grants. (3) 90 percent of the compensation paid shall be invested in a permanent interest-bearing trust fund for the benefit of the Sioux Nation and future generations of its people. The permanent trust fund or funds shall be held and maintained in perpetuity by the Sioux Nation under such rules and regulations approved by the Secretary and published in the Federal Register: Provided, however, That the management of the permanent interest-bearing trust fund, or any portion thereof, shall be contracted to any reputable financial investment management firm or firms, upon the request and approval of the Sioux National Congress in accordance with such rules and regulations adopted by the Secretary and published in the Federal Register. (4) Interest deriving from the investment of funds shall be utilized by the Sioux Nation in accordance with an annual budget approved by the Sioux National Congress. The budget shall contain allocations of funds to each tribe of the Sioux Nation based upon the percentage of ownership established by the Secretary of the Interior pursuant to proceedings under Docket 74-B in the Indian Claims Commission. All interest in excess of the annual budget shall revert to the permanent fund and become subject to the restrictions contained in this subsection. Any tribe of the Sioux Nation may bring an action directly in the Supreme Court of the Black Hills Indian Reservation established pursuant to section 304(a)(5) to compel the budgeting, or payment, of any money unlawfully or reasonably withheld from such tribe. SEC. 204. AUTHORIZATION AND APPROPRIATION. (a) INVESTMENT OF FUNDS APPROPRIATED UNDER THE ACT OF MARCH 13, 1978; ANNUAL REPORT OF INVESTED FUNDS TO SIOUX NATION AUTHORIZED; APPROPRIATION TO CARRY OUT MANDATE IN THIS TITLE- Except as otherwise provided in this section, all funds appropriated on July 18, 1980, in accordance with the Act of March 13, 1978 (92 Stat. 153), and the interest earned from such funds through the date of enactment of this Act, shall remain invested in interest-bearing accounts for the Sioux Nation. Such funds shall not be paid to the Sioux Nation unless paid pursuant to an Act implementing the findings and recommendations of the Blue Ribbon Panel. (b) ANNUAL REPORT- The Secretary shall submit an annual report to the tribes of the Sioux Nation stating the names of all financial institutions such funds are invested in, and the amount of principle and interest earned beginning on January 1, 1990, and submitted by the first day of January in each calendar year thereafter. (c) AUTHORIZATION OF APPROPRIATIONS- For the purposes of carrying out title II of this Act, there is hereby authorized and appropriated the sum of $2,000,000, or so much thereof as may be necessary, one-half of which shall be appropriated from the funds appropriated for the Black Hills claim on July 18, 1989, pursuant to the Act of March 13, 1978 (92 Stat. 153), and one-half of which shall be appropriated from the United States Treasury. (d) INVESTMENT OF BLACK HILLS CLAIMS MONEYS AUTHORIZED- The Secretary of the Interior shall continue to invest the remainder of the funds appropriated for the Black Hills claim on July 18, 1980, and interest earned thereon, in interest-bearing accounts until otherwise directed by Congress. SEC. 205. PRESERVATION OF OTHER CLAIMS OF SIOUX NATION. Nothing contained in this Act is intended to prejudice or adversely affect any claim or claims of the tribes of Sioux Nation to the Black Hills, other lands, resources, right, or benefits arising under any Federal treaty, agreement, law, or court decision. TITLE III--SELF-DETERMINATION OF THE SIOUX NATION SEC. 301. SHORT TITLE. This title may be cited as the `Sioux Nation Self-Determination Act of 1990'. SEC. 302. FINDINGS. The Congress finds the following: (1) Bands of the Sioux Nation were brought under the protection of the United States in a series of 1925 treaties (7 Stat. 257; 7 Stat. 252; 7 Stat. 250). By coming under the protection of the United States, said bands did not relinquish their right to self-government over their people and territories except to the extent that such self-government has been restricted by subsequent treaties and Acts of Congress. (2) Article 2 of the Ft. Laramie Treaty of April 29, 1868, guaranteed the territorial integrity of the bands of the Sioux Nation by granting a permanent reservation (Great Sioux Reservation) for the `absolute and undisturbed use and occupation' of the Sioux Nation. (3) The Act of February 28, 1877, diminished the size of the 1868 treaty reservation by confiscating the Black Hills country, and provided in article 8 that `the provisions of this agreement, shall apply to any country which may hereinafter be occupied by the said Indians as a home; and Congress shall, by appropriate legislation, secure to them an orderly government . . .' The United States Supreme Court ruled that The pledge to secure to these people, with whom the United States was contracting as a distinct political body, an orderly government, by appropriate legislation, thereafter to be framed and enacted, necessarily implies, having regard to all the circumstances attending the transaction, that among the arts of civilized life, which it was the very purpose of all these arrangements to introduce and naturalize them was the highest and best of all, that of self-government, the regulation of themselves of their own domestic affairs, the maintenance of order and peace among their own members by the administration of their own laws and customs. (Ex parte Crow Dog, 109 U.S. 556 (1883)). (4) The Act of March 2, 1889 (25 Stat. 888), further reduced the Great Sioux Reservation into several smaller reservations in North Dakota, South Dakota, and Nebraska. Individual members of various bands of the Sioux Nation also settled on the Fort Peck Reservation in Montana. (5) The Congress has, in the first section of the Act of March 2, 1861 (12 Stat. 239), and section 4 of the Act of February 22, 1889 (25 Stat. 676), expressly protected the territorial, political, and governmental integrity of the Sioux Nation by restricting the powers of territorial and State governments over the territory of the Sioux Nation. (6) Although some of the tribes of the Sioux Nation have adopted constitutions and bylaws under section 16 of the Act of June 18, 1934 (48 Stat. 984), the Federal Government has never fully fulfilled its obligations under article 8 of the 1877 Act to provide the tribes of the Sioux Nation with an `orderly government'. (7) It is declared to be the national policy of the United States to protect the territorial, political, government, and cultural integrity of each tribe of the Sioux Nation. SEC. 303. TERRITORIAL AND POLITICAL INTEGRITY OF TRIBES GUARANTEED AND GOVERNMENTAL POWERS DEFINED. (a) EXISTING BOUNDARIES OF RESERVATIONS OF SIOUX NATION PRESERVED- (1) The reservation boundaries of each tribe of the Sioux Nation, as defined in each tribe's constitution and bylaws, are hereby reaffirmed. (2) The boundaries of all reservations occupied by tribes of the Sioux Nation shall not be diminished, de facto or otherwise, except by an express Act of Congress enacted with the consent of three-fourths of the adult members belonging to the affected reservation. The consent of said Indians shall be expressed in a referendum election conducted by the Secretary in which all affected members, regardless of place of residence, shall be afforded the opportunity to vote. (3) All territory contained in or added to each reservation of the Sioux Nation is hereby declared to be Indian country for the purposes of both civil and criminal jurisdiction. (b) PROTECTIONS UNDER THE INDIAN REORGANIZATION ACT CONTINUED- Each tribe of the Sioux Nation that has adopted the protections of the Act of June 18, 1934 (48 Stat. 984), as amended, shall continue to enjoy all of such protections, except to the extent modified by this Act. (c) SECTION 4 OF THE INDIAN REORGANIZATION ACT AMENDED- The Act of June 18, 1934, is amended by designating section 4 (25 U.S.C. 464) as section 4A and by adding after section 4A the following new section: `SEC. 4B. RESTRICTIONS ON THE TRANSFERS OF INDIAN LANDS ON THE RESERVATIONS OF THE SIOUX NATION. `(a) This section shall apply only to the Cheyenne River Indian Reservation, Crow Creek Indian Reservation, Ft. Peck Indian Reservation, Lower Brule Indian Reservation, Pine Ridge Indian Reservation, Rosebud Indian Reservation, Santee Indian Reservation, and Standing Rock Indian Reservation. `(b) No sale, devise, gift, exchange, or other transfer of tribal or individual trust land shall be made except between the tribe or corporation on whose reservation the lands are located and members of the Sioux Nation owning lands on said reservations. All restricted Indian lands, and lands held in fee by members of the Sioux Nation owning lands on said reservations, shall descend or be devised, in accordance with laws of the tribe or tribes residing on the reservation: Provided, however, That all probate proceedings which have occurred pursuant to Federal law prior to the date of the enactment of this Act are hereby reaffirmed. `(c) Any tribal government shall have the authority to enact ordinances governing the partitioning of restricted Indian lands and interests in lands. `(d) The leasing of restricted lands owned by a tribe or individual members of the Sioux Nation shall be handled by the Secretary in accordance with existing Federal laws and regulations.'. (d) SECTION 5 OF THE INDIAN REORGANIZATION ACT AMENDED- The Act of June 14, 1934, is further amended by designating section 5 (25 U.S.C. 465) as section 5A and inserting after section 5A the following new section: `SEC. 5B. ACQUISITION OF LANDS, WATER RIGHTS, SURFACE RIGHTS, MINERAL RIGHTS; TITLE TO LANDS; TAX EXEMPTION. `(a) This section shall apply only to the Cheyenne River Indian Reservation, Crow Creek Indian Reservation, Ft. Peck Indian Reservation, Lower Brule Indian Reservation, Pine Ridge Indian Reservation, Rosebud Indian Reservation, Santee Indian Reservation, and Standing Rock Indian Reservation. `(b) The Secretary of the Interior shall have a mandatory duty to acquire, through purchase, relinquishment, gift, exchange, or assignment, any interest in lands, water rights, surface rights, or mineral rights, within the existing reservations of the Sioux Nation, whether trust or restricted allotments, whether the allottee or owner of the allotment be living or deceased, for the purpose of providing lands to the tribes of the Sioux Nation and individual members thereof. `(c) The Secretary of the Interior is also authorized to acquire, through purchase, relinquishment, gift, exchange, or assignment, any interest in lands, water rights, surface rights, or mineral rights without the exterior boundaries of existing reservations of the Sioux Nation under existing law. `(d) For the acquisition of such lands, interests in lands, water rights, surface rights, and mineral rights, there is hereby authorized to be appropriated, a sum not to exceed $5,000,000 in any one fiscal year. The unexpended balances of any appropriations made pursuant to this section shall remain available until expended. `(e) The tribes of the Sioux Nation shall also have the authority to acquire lands under this section with funds derived from other sources. `(f) Title to any lands or rights acquired pursuant to any provision of this title shall be taken in the name of the United States in trust for the Indian tribe or individual Indian for which the land is acquired, and such lands or rights, and income derived therefrom, shall be absolutely exempt from all State and local taxation.'. (e) ACT OF MAY 14, 1948, AMENDED- The Act of May 14, 1948 (62 Stat. 236, 25 U.S.C. 483), is hereby amended to read as follows: `SECTION 1. SALE OF LAND BY INDIVIDUAL INDIAN OWNERS. `The Secretary of the Interior, or his duly authorized representative, is authorized in his discretion, and upon application of the Indian owners, to issue patents in fee, to remove restrictions against alienation, and to approve conveyances, with respect to lands or interests in lands held by individual Indians under the provisions of the Act of June 18, 1934, or the Act of June 26, 1936: Provided, however, That this section shall not apply to the Cheyenne River Indian Reservation, Crow Creek Indian Reservation, Ft. Peck Indian Reservation, Lower Brule Indian Reservation, Pine Ridge Indian Reservation, Santee Indian Reservation, and Standing Rock Indian Reservation.'. (f) ACT OF MARCH 29, 1956, AMENDED- The Act of March 29, 1956 (Chapter 106, 70 Stat. 62, 25 U.S.C. 483a), is hereby amended to read as follows: `SECTION 1. MORTGAGES AND DEEDS OF TRUST BY INDIVIDUAL INDIAN OWNERS. `(a) The individual Indian owners of any land which either is held by the United States in trust for them or is subject to a restriction against alienation imposed by the United States are authorized, subject to approval of the Secretary of the Interior, to execute a mortgage or deed of trust to such land. Such land shall be subject to foreclosure or sale pursuant to the terms of such mortgage or deed of trust in accordance with the laws of the State or territory in which the land is located. For the purpose of any foreclosure or sale proceeding the Indian owner shall be regarded as vested with an unrestricted fee simple title to the land, the United States shall not be a necessary party to the proceeding, and any conveyance of the land pursuant to the proceeding shall divest the United States to title to the land. All mortgages and deeds of trust so such land heretofore approved by the Secretary of the Interior are ratified and confirmed. `(b) This section shall not apply to Indian owners of any land which either is held by the United States in trust for them or is subject to a restriction against alienation if such land is located on the Cheyenne River Indian Reservation, Crow Creek Indian Reservation, Ft. Peck Indian Reservation, Lower Brule Indian Reservation, Pine Ridge Indian Reservation, Rosebud Indian Reservation, Santee Indian Reservation, and Standing Rock Indian Reservation, except when such mortgages or deeds of trust are made between the tribe as mortgagee and a tribal member or other Indian holding trust or restricted land on the reservation as mortgagor.'. (g) ALL RESERVATION WATERS DECLARED TO BE PROPERTY OF TRIBES OF SIOUX NATION- All water, percolating or otherwise, located within the exterior boundaries of the Cheyenne River Indian Reservation, Crow Creek Indian Reservation, Ft. Peck Indian Reservation, Lower Brule Indian Reservation, Pine Ridge Indian Reservation, Rosebud Indian Reservation, Santee Indian Reservation, and Standing Rock Indian Reservation, or abutting or adjacent thereto, or otherwise belonging to said reservations, including the outer boundaries of rivers and streams traversing said reservations, are hereby declared to be the property of the tribe or tribes occupying said reservations, and said tribes shall have the authority to regulate the use thereof in accordance with duly enacted water codes approved by the Secretary of the Interior: Provided, however, That all existing rights to the use of water held by any Indian person on said reservations shall not be taken or diminished by the adoption of any water code. This subsection shall not affect any other water rights owned or claimed by any tribe of the Sioux Nation located without the exterior boundaries of their reservations. (h) ALL FISH AND WILD GAME LOCATED ON RESERVATIONS OF SIOUX NATION DECLARED TO BE PROPERTY OF TRIBE OCCUPYING RESERVATION; AUTHORITY OF TRIBES TO REGULATE HUNTING AND FISHING ON RESERVATIONS- (1) All fish and wild game located within the exterior boundaries of the Cheyenne River Indian Reservation, Crow Creek Indian Reservation, Ft. Peck Indian Reservation, Lower Brule Indian Reservation, Pine Ridge Indian Reservation, Rosebud Indian Reservation, Santee Indian Reservation, and Standing Rock Indian Reservation are hereby declared to be the property of the tribe or tribes occupying the reservations upon which fish and game are located. Said rights shall be deemed a valuable property right granted and held under article 5 of the Ft. Laramie Treaty of September 17, 1851 (11 Stat. 759) and article 2 of the Ft. Laramie Treaty of April 29, 1868 (15 Stat. 635). (2) The tribes of the Sioux Nation shall have the exclusive authority to regulate all hunting and fishing rights over all persons located within the exterior boundaries of their reservations: Provided, however, That the right to hunt and fish on privately held lands shall be subject to the consent of the owner or owners of such lands. (i) THE RIGHT OF TRIBES OF THE SIOUX NATION TO DEFINE FORMS OF GOVERNMENT AND MEMBERSHIP GUARANTEED- The inherent right of each tribe of the Sioux Nation to define their own form of government and their tribal membership is hereby recognized and reaffirmed and shall never be disturbed. No member of any tribe of the Sioux Nation shall ever be denied benefits and rights under Federal treaties, agreements, and laws based on such person's creed, sex, religion, tribal affiliation, or blood quantum. (j) POWERS OF ORDERLY GOVERNMENTS FOR TRIBES OF SIOUX NATION DEFINED- Each constitution and bylaw of the tribes of the Sioux Nation is hereby recognized and reaffirmed. In addition to all those sovereign powers already recognized under existing law, the tribes of the Sioux Nation shall have all powers of a general purpose government and other powers, including the following: (1) The power to tax all real estate within the exterior boundaries of their reservations, including the property owned by nonmembers residing within the reservation. (2) The power to impose any kind of sales tax, excise tax, gasoline tax, cigarette tax, severance tax, ad valorem tax, or other tax, and to collect such taxes against all persons located within the exterior boundaries of the reservation through either the tribal or Federal courts. (3) The power to record all deeds and titles, and other documents of all persons owning property on the reservation, including nonmembers, in accordance with duly enacted ordinances. (4) The power to regulate the use and descent of property, both real and personal, of Indian people residing on or owning property on any reservation of the Sioux Nation. (5) The power to condemn for public purposes any lands or interests in land located on the reservation in the tribal courts, including trust and restricted lands, and lands owned by nonmembers of the tribe. (6) The power to zone all lands, including fee patented lands, within the exterior on the reservation, in accordance with duly enacted ordinances. (7) The power to regulate all forms of gaming on the reservation without regard to the laws of the State in which the reservation is located. (8) The power to require any kind of license, including the licensing of motor vehicles belonging to persons residing on the reservation, including nonmembers: Provided, however, That the obligation of the United States to regulate, control, and license Indian traders under the 1825 treaties (7 Stat. 257; 7 Stat. 251; 7 Stat. 250), and under Federal law, shall continue on the reservations of the Sioux Nation until otherwise directed by Congress. (9) The power to regulate the domestic affairs of all Indian persons residing on the reservations of the Sioux Nation, including non-Indians married into the tribes. (10) The power to establish standards for the formal education of all Indian children residing or located on the reservation. (11) The power to regulate all Indian persons residing on or located on their reservations, including Indians enrolled or eligible for enrollment on other reservations. (12) The power to exclude all undesirable nonmembers of the tribe located or residing on the reservation: Provided, however, That such nonmembers are afforded notice and an opportunity to be heard in a court or other tribunal of the tribe prior to removal. (13) The power to enter into agreements with any county or local government of a State to perform any general purpose governmental powers on a reservation until such time as the tribe desires to assume the responsibilities contracted: Provided, however, That such agreements shall not be more than 10 years in duration and shall be subject to the approval of the Secretary. SEC. 304. SIOUX NATIONAL CONGRESS. (a) FEDERAL RECOGNITION OF SIOUX NATIONAL CONGRESS; FORM; DUTIES AND RESPONSIBILITIES; MANAGEMENT AND CONTROL OF PERMANENT TRUST FUND- The United States recognized a constitutional government of the Sioux Nation created for the purpose of governing the reservation established in section 103(b) of this Act. In addition to all powers recognized in the tribes of the Sioux Nation under this Act, and existing law, the constitution of the Sioux National Congress shall provide for-- (1) a republican form of government consisting of a Sioux National Congress elected by members of the Sioux Nation, including those residing within the reestablished area defined in section 103(a); (2) the duties and responsibilities of the Sioux National Congress within respect to the management and control of all lands returned to the Sioux Nation in the reestablished area defined in section 103(a); (3) the management and control of the permanent trust fund established in section 203(e) of this Act: Provided, however, That any action of the Sioux National Congress may be placed to referendum vote of the members of the Sioux Nation in accordance with such rules and regulations adopted by the Secretary of the Interior to govern such elections and such vote shall be binding to the extent that it is consistent with the provisions of this Act; (4) the absolute prohibition of the sale or disposal of any lands, interests in lands, water rights, or other interests of the Sioux Nation acquired under the provisions of this Act or otherwise existing on the date of enactment of this Act; (5) the establishment of an independent Supreme Court of the Sioux Nation, and such lesser courts as may be deemed advisable, which shall have jurisdiction to judicially review the lawfulness of any action taken by the Sioux National Congress and other cases or controversies which such courts may be authorized to hear; and (6) such other powers of self-government delegated by the members of the Sioux Nation in referendum elections conducted and approved by the Secretary of the Interior. (b) INTERIM MANAGEMENT AND BOARD ESTABLISHED- (1) In the interim period between the approval of this Act and the adoption of a constitution creating the Sioux National Congress, an Interim Management Board shall be formed with limited authority to act on behalf of the Sioux Nation. (2) The responsibilities of the Interim Management Board shall include-- (A) the management and governance of lands and resources returned to the Sioux Nation within the reestablished area as set forth in section 103(a); (B) the distribution of interest payments from the permanent trust funds authorized by section 203(e) to the respective Sioux Tribes based upon the percentages of Ownership established by the Secretary of the Interior in the `Results of Research Report' in Docket 74-B (the Black Hills Claim), less the amount budgeted by the Board with the approval of the Secretary, for the operation and management of the newly restored lands to the Sioux Nation; and (C) the formulation and preparation, for the approval of the people of the Sioux Nation, of the new constitution recognized in section 304(a). (3) The Interim Management Board shall consist of two representatives selected from each of the reservations of the Sioux Nation, one to be appointed by the tribal governing body and the second to be appointed by the traditional treaty council or councils recognized by the tribal governing body. SEC. 305. FEDERAL INCOME TAXES AND STATE TAXES ON THE RESERVATIONS OF THE SIOUX NATION. (a) ALL FEDERAL TAXES TO BE REFUNDED TO TRIBES OF SIOUX NATION- All Federal income taxes, Federal excise taxes, Federal gasoline taxes, and other Federal taxes collected from persons residing, located or doing business on the reservations of the Sioux Nation shall be refunded back to the tribe or tribes occupying such reservations, to be used for governmental purposes. (b) ALL STATE AND COUNTY TAXES NOT APPLICABLE TO RESERVATIONS OF THE SIOUX NATION- Except as otherwise provided in this Act, no State, county, or local government tax shall apply within any reservation of the Sioux Nation unless expressly made applicable by Act of Congress with the consent of the tribe or tribes occupying the reservation. SEC. 306. STATE JURISDICTION ON RESERVATIONS LIMITED: JURISDICTION OF FEDERAL GOVERNMENT AND TRIBES DEFINED. (a) PUBLIC LAW 83-280 NOT APPLICABLE TO ANY RESERVATION OF SIOUX NATION- The provisions of Public Law 83-280 (18 U.S.C. 1162; 25 U.S.C. 1322-26; 28 U.S.C. 1360), shall not be applicable to any reservation of the Sioux Nation, and all jurisdiction under Public Law 83-280, as amended, previously granted to any State containing a reservation of the Sioux Nation is hereby withdrawn. (b) STATE, COUNTY, AND LOCAL GOVERNMENTAL CRIMINAL AND CIVIL JURISDICTION ON RESERVATIONS OF THE SIOUX NATION LIMITED- No State, county, or local government shall exercise any type of criminal or civil jurisdiction on any reservation of the Sioux Nation unless expressly authorized to do so with the express consent of the people of the reservations affected thereby expressed in a referendum election conducted by the Secretary, and with an express Act of Congress authorizing the exercise of such jurisdiction. (c) LIMITED STATE CRIMINAL AND CIVIL JURISDICTION ON RESERVATIONS OF SIOUX NATION DEFINED- The criminal and civil jurisdiction of any State on a reservation of the Sioux Nation shall be limited to causes of action involving non-Indian against non-Indian crimes and civil actions. County and local governments shall have no criminal and civil jurisdiction over causes of action on the reservations of the Sioux Nation. (d) REMOVAL OF FEDERAL QUESTIONS INVOLVING RESERVATIONS OF SIOUX NATION TO FEDERAL COURTS- All cases occurring within a State, or particular issues within a case, involving questions of reservation boundaries, the criminal or civil jurisdiction of States or local governments on the reservation, Indian hunting and fishing rights, and water rights, which are initiated in State criminal or civil proceedings, shall be removed by order of the State judge hearing the case to the appropriate United States district court for a final determination of the case or of particular issues. (e) FEDERAL CRIMINAL AND CIVIL JURISDICTION ON RESERVATIONS OF SIOUX NATION DEFINED- (1) The criminal jurisdiction of the courts of the United States on reservations of the Sioux Nation over Indian against Indian crimes and Indian against non-Indian crimes shall be limited to the investigation and prosecution of crimes under section 1153 of title 18, United States Code, and any criminal statute that is directly applicable to a tribe of the Sioux Nation. The United States shall have exclusive criminal jurisdiction to investigate and prosecute crimes committed by non-Indians against Indians on a reservation of the Sioux Nation under section 13 of title 18, United States Code, regardless of the nature of the offense. (2) The civil jurisdiction of the courts of the United States, including the bankruptcy courts, shall be as under existing law: Provided, however, That no diversity jurisdiction shall exist in any case involving an Indian person residing on a reservation of the Sioux Nation in one State suing an Indian person residing on another reservation of the Sioux Nation located in another State. Any case or controversy involving the quantification of the water rights of any tribe of the Sioux Nation shall lie exclusively in the United States district courts: Provided, however, That any tribe of the United States shall have the authority to enter into an agreement or agreements with the State in which the reservation of the tribe is located to quantify the water rights of such tribe located within the State, subject to the approval of the Congress or the Federal court where an action for the quantification of Indian water rights is pending. (f) CRIMINAL JURISDICTION OF TRIBES OF SIOUX NATION DEFINED- (1) All tribes of the Sioux Nation shall have exclusive criminal jurisdiction over causes of action involving all Indian against Indian crimes and Indian against non-Indian crimes occurring on the reservation, including concurrent jurisdiction with the Federal Government over major crimes. (2) All tribes of the Sioux Nation shall have the authority to apprehend and extradite to the proper Federal or State authorities, any non-Indian or Indian person charged with a crime by the Federal Government or State. All extraditions of a non-Indian or Indian persons to the Federal Government or a State government shall be in accordance with Article 1 of the 1868 Ft. Laramie Treaty: Provided, however, That the proof required in such article shall be made to the appropriate Tribal Court or Court of Indian Offenses in probable cause hearing, instead of the Indian agent in charge of the reservation. (g) CIVIL JURISDICTION OF TRIBES OF SIOUX NATION DEFINED- (1) All tribes of the Sioux Nation shall have exclusive civil jurisdiction over causes of action involving-- (A) Indian against Indian cases occurring on the reservation, (B) Indian against non-Indian cases occurring on the reservation, (C) non-Indian against Indian cases occurring on the reservation, and (D) non-Indian against non-Indian cases occurring on the reservation, where one of the coplaintiffs or codefendants is an Indian person. (2) The tribes of the Sioux Nation shall have authority to adopt long-arm statutes to acquire personal jurisdiction over any Indian or non-Indian party involved in an accident or cause of action which occurs on their reservations. TITLE IV--MISCELLANEOUS PROVISIONS SEC. 401. INCONSISTENT LAWS NOT APPLICABLE TO SIOUX NATION; SEVERABILITY. (a) Any provision of this Act shall supersede all law or laws of the United States which are inconsistent therewith. (b) If any provision of this Act, or the application of such provision to any tribe of the Sioux Nation, or circumstance, is held invalid, the remaining provisions of this Act shall not be affected by such invalidation. SEC. 402. EFFECT ON SUBSISTING TREATIES. All existing treaties between the United States and bands or tribes of the Sioux Nation, to the extent that they are not inconsistent with this Act, are hereby continued in full force and effect and shall be strictly upheld in the courts of the United States. SEC. 403. RESERVATION BY SIOUX NATION OF RIGHTS AND EXEMPTIONS. All rights and exemptions, both political or territorial, including aboriginal rights, which are not expressly granted or delegated to the Federal Government or State government by this Act, or any prior treaty or agreement not inconsistent with this Act, are hereby reserved to the Sioux Nation and any tribes or bands thereof in perpetuity. SEC. 404. CITIZENSHIP OF MEMBERS OF THE SIOUX NATION CLARIFIED; REPRESENTATION OF TRIBES OF SIOUX NATION AND MEMBERS THEREOF IN UNITED STATES CONGRESS. (a) FEDERAL AND TRIBAL CITIZENSHIP CLARIFIED- (1) All members of the Sioux Nation shall have dual citizenship consisting of United States citizenship and membership in the Sioux Nation, or a tribe of the Sioux Nation. They shall enjoy all the privileges and immunities of Federal citizens and tribal members under the laws of the United States and tribal law, including the right to hold elective office and vote in national and tribal elections. (b) STATE CITIZENSHIP CLARIFIED- (1) Members of the Sioux Nation shall also be declared citizens of the respective States wherein they reside under the 14th Amendment of the United States Constitution by virtue of their Federal citizenship, but only to the extent that such citizenship will apply when they are residing outside of the exterior boundaries of any reservation of the Sioux Nation. They shall enjoy all privileges and immunities of State citizens when they reside or are located outside the boundaries of their reservations. (2) No member of the Sioux Nation residing outside the boundaries of a reservation of the Sioux Nation shall be deprived of his or her rights to tribal culture and traditions, rights to be governed by tribal government, or any other benefit or right under Federal treaties, agreements, and laws pertaining to Indian tribes and persons by virtue of his or her State citizenship. (c) REPRESENTATION OF SIOUX NATION IN UNITED STATES CONGRESS- The Congress recognizes that the tribes of the Sioux Nation, and members of the Sioux Nation residing on any reservation of the Sioux Nation, are not directly represented in Congress. For purposes of such representation in Congress-- (1) the Chairman of the Senate Select Committee on Indian Affairs and the Chairman of the House Committee on Interior and Insular Affairs shall represent such tribes and tribal members in the sponsorship of all legislation which deals with issues that involve Indian treaties and agreements, the status of tribal governments and Indian lands, resources or water rights, the government-to-government relationship between the United States and the tribes of the Sioux Nation, and issues not arising directly under State citizenship; (2) any United States Senator and Representative from any State in which a reservation of the Sioux Nation is located are also authorized to sponsor and support legislation regarding issues described in subsection (c)(1) of this section at any time and at the request of such tribe or tribal members: Provided, however, That nothing in this section shall prevent any United States Senator or Representative from exercising their rights to sponsor or cosponsor any legislation dealing with Indian affairs as presently exists under the constitution and laws of the United States. SEC. 405. DIRECT FEDERAL FUNDING FOR SIOUX NATION. (a)(1) The provisions of Public Law 93-638 (25 Stat. 450 et seq.) shall apply to all agencies of the Department of the Interior, Department of Health and Human Services, Department of Transportation, Department of Housing and Urban Development, Department of Energy, Department of Agriculture, and the Environmental Protection Agency to the extent that such agencies serve Indian tribes. The intent of this subsection is to allow the tribes of the Sioux Nation to obtain direct funding from said agencies by contracting for the service such agencies are mandated to carry out for Indian tribes and people. (2) The tribes of the Sioux Nation shall also qualify as a State or territory for the purpose of applying for and securing any Federal grants or aid from any agency of the Department of the Interior, Department of Health and Human Services, Department of Education, Department of Transportation, Department of Housing and Urban Development, Department of Energy, Department of Agriculture, and the Environmental Protection Agency. SEC. 406. JOINT POWERS AGREEMENT WITH STATES AND POLITICAL SUBDIVISIONS OF STATES. Nothing contained in this Act, or any other Act of Congress, shall prevent any tribe of the Sioux Nation from entering into contracts and agreements with any State, political subdivision of any State, or private person, corporation, or foundation to fulfill any purpose of this Act, or obligation of the Sioux Nation or tribes thereof arising under this Act. SEC. 407. PROTECTION OF SIOUX INDIAN RELIGIOUS AND BURIAL SITES; PROTECTION OF ARCHAEOLOGICAL AND HISTORIC SITES; FEDERAL COURT AUTHORIZED TO GRANT PROTECTION. (a)(1) All religious sites which are important to Sioux Indian people, regardless of the location of such sites, shall be entitled to protection. (2) All members of the Sioux Nation shall have unrestricted access to such sites for the purpose of exercising traditional religious ceremonies. (3) No State or local government shall interfere with or disrupt any religious ceremonies at a religious site of the Sioux Nation. (b) All burial grounds and sites of the Sioux Nation shall be absolutely protected regardless of the location of such sites. The Sioux Nation, or any tribe thereof, shall be deemed to have a property right in all bodies, religious icons and objects, and all other things contained in such sites. (c) The Secretary shall be responsible for protecting all historical and archaeological sites (regardless of location) of the Sioux Nation, and any ancient tribes who resided within the aboriginal or recognized territory of the Sioux Nation, including sites containing petroglyphs and campsites. (d) The United States district courts shall have original jurisdiction to grant any equitable or legal relief necessary to implement this section. SEC. 408. RIVER BOUNDARIES OF RESERVATIONS CLARIFIED; BEDS OF NAVIGABLE RIVERS AND LAKES DECLARED PROPERTY OF TRIBES OF SIOUX NATION. (a) RIVER BOUNDARIES CLARIFIED- The exterior boundaries of the Cheyenne River Indian Reservation, Crow Creek Indian Reservation, Ft. Peck Indian Reservation, Lower Brule Indian Reservation, Pine Ridge Indian Reservation, Santee Indian Reservation, and Standing Rock Indian Rservation shall include the outer boundaries of all rivers, whether navigable or otherwise, which abut said reservations: Provided, That where a river forms a boundary between 2 reservations, the middle of the main channel of the river shall be the boundary. (b) NAVIGABLE RIVER AND LAKE BEDS DECLARED TO BE PROPERTY OF TRIBES OF SIOUX NATION- All navigable river and lake beds bordering, traversing, or located on any reservation of the tribes or bands of the Sioux Nation are hereby declared to be the property of the tribe or tribes residing on the reservation where such rivers and lake beds are located. (c) EXISTING RIGHTS TO THE MISSOURI RIVER PROTECTED- Nothing in this section is intended to alter or extinguish any existing rights or claims that any tribe or band of the Sioux Nation may have to the Missouri River, including water rights, hunting and fishing rights, the right to purchase electrical power from the Federal Government, and the right to royalties from the generation of electricity with Missouri River water belonging to the Sioux Nation or any tribe or band thereof. SEC. 409. FUTURE CESSIONS OF BLACK HILLS INDIAN RESERVATIONS AND INDIVIDUAL RESERVATIONS OF TRIBES OF SIOUX NATION LIMITED. (a) All future cessions (both territorial and political) of the Black Hills Indian Reservation, or any portion thereof, shall not be valid unless agreed to by three-fourths of all the adult male and female members of the Sioux Nation. The signatures of three-fourths adult male and female members of each tribe, regardless of place of residence, must be obtained land or political rights as required in article 12 of the 1868 Ft. Laramie Treaty to effectuate a valid cession of land or political rights. (b) All future cessions (both territorial and political) of any reservation of the Sioux Nation, or any portion of said reservations, shall not be valid unless agreed to by three-fourths of all the adult male and female members of the tribes occupying or interested in the reservation.
Introduced in House
Introduced in House
Referred to the House Committee on Interior and Insular Affairs.
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