Statement of Cora Jones, Director, Great Plains Region,

Bureau of Indian Affairs

Department of the Interior

Before the Senate Committee on Indian Affairs

North Dakota Field Oversight Hearing

on the

Implementation of Title XXXV of Public Law 102-575

the Three Affiliated Tribes and Standing Rock Sioux Tribe Equitable Compensation Program

August 30, 2001

Mr. Chairman, I am pleased to be here to discuss the Three Affiliated Tribes Economic Recovery Fund provisions of Title XXXV of Public Law 102-575, the "Three Affiliated Tribes and Standing Rock Sioux Tribe Equitable Compensation Act", an Act to ensure that the Three Affiliated Tribes of Fort Berthold and the Standing Rock Sioux Tribe were adequately compensated for the taking of Indian lands for the site of the Garrison Dam and reservoir, and the Oahe Dam and Reservoir, and for other purposes.

The Act established the Three Affiliated Tribes Economic Recovery Fund in the United States Treasury. Sources for this fund are derived from the revenues generated in the Eastern Division of the Pick-Sloan Missouri River Basin Project and Congressional appropriations with a maximum limit of $149,200,000. Since only the interest from this fund is available for payments to the Tribes by the Secretary, the Act requires interest to be deposited into a separate account. The Act also limits the use of these payments by the Three Affiliated Tribes for educational, social welfare, economic development, and other programs, subject to the approval of the Secretary. The approval authority was delegated to the Bureau of Indian Affairs Regional Director for the Great Plains Region.

Until January of this year, the Three Affiliated Tribes submitted their individual requests for funds to the Regional Director, through the Fort Berthold Agency Superintendent. These requests were reviewed for compliance with the Act, approved as appropriate, and coordinated with the Office of Trust Funds Management (OTFM) for funds distribution.

On January 12, 2001, a general plan was approved by the Regional Director entitled the "Three Affiliated Tribes Economic Recovery Fund Proposal" (Plan). The Plan outlines the Tribes' proposed uses for the interest fund. The Plan has been shared with the OTFM. Upon BIA's authorization of each funding request that is in compliance with the Plan, the request will be promptly forwarded to OTFM for processing. Funding requests outside of the Plan will require modification(s) and/or amendment (s) to the Plan and will need to be submitted by the Tribe to the Regional Director for approval prior to the BIA forwarding the funding request and modified and/or amended Plan to OTFM for processing.

The approved Plan was established in consultation with the Tribes.

This concludes my prepared statement. I will be happy to answer any questions the Committee may have.