,i #aafth ,,congress #ast ,session ,h4 ,r4 #dgeb ,,in ,,the ,,house ,,of ,,representatives ,october #ah1 #bjai,ms4 ,craig 7for herself1 ,mr4 ,hagedorn1 and ,ms4 ,mc,collum7 introduced the following bill2 which was referred to the ,committee on ,natural ,resources ,a ,,bill ,to accept land into trust for the benefit of the ,prairie ,island ,indian ,community as compensation to the ,tribe for ,tribal lands that have been rendered dangerous by the use and storage of highly toxic nuclear materials1 some of which also have been inundated by flood waters1 to release the ,united ,states from related claims1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,the ,prairie ,island ,indian ,community ,land ,claim ,settlement ,act4 #b4 ,findings ,congress finds as follows3 7#a7 ,the members of the ,prairie ,island ,indian ,community and their ancestors have occupied what is now northern ,iowa and ,minnesota since long before ,european contact1 and their ancestors were present to greet the first ,french explorers and traders who entered the ,upper ,mississippi watershed4 7#b7 ,the ,tribe's ,reservation is located on an island called ,prairie ,island on the ,mississippi ,river in southeastern ,minnesota1 and was acquired in trust by the ,secretary for the ,tribe under the ,indian ,reorganization ,act of #aicd 7,act of ,june #ah1 #aicd1 ,ch4 #egf1 #dh ,stat4 #ihd71 to serve as the ,tribe's permanent homeland4 7#c7 ,in #aich1 the ,army ,corps of ,engineers located and constructed ,lock and ,dam ,no4 #c on the ,upper ,mississippi ,river less than two miles downstream from the ,prairie ,island ,reservation4 7#d7 ,the operation of ,lock and ,dam ,no4 #c caused permanent inundation of land on the ,prairie ,island ,reservation1 as well as ongoing overbank flooding of ,reservation land1 much of which lies within the ,mississippi ,river #ajj-year flood plain4 7#e7 ,the flooding of a significant portion of the ,prairie ,island ,reservation occurred without express ,congressional authorization1 as required by the ,constitution and the ,indian ,trade and ,intercourse ,act1 7section #baaf of the ,revised ,statutes2 #be ,u4,s4,c4 #agg74 7#f7 ,in #aigb1 the ,federal ,government licensed the siting of the ,prairie ,island ,nuclear ,generating ,plant on ,prairie ,island approximately #fjj yards from the ,prairie ,island ,reservation1 and later authorized the storage of spent nuclear fuel on-site4 ,on ,december #af1 #aigc1 ,unit #a of the ,plant started operation and ,unit #b of the ,plant started operating on ,december #ba1 #aigd1 both pursuant to #bj-year operating licenses4 7#g7 ,on ,june #bg1 #bjaa1 the ,nuclear ,regulatory ,commission renewed the ,unit #a and #b operating licenses at the plant for an additional #bj years1 authorizing their continued operation until #bjcc and #bjcd1 respectively4 7#h7 ,the plant's nuclear reactor core contains zirconium-clad rods filled with enriched uranium pellets4 ,the ,federal courts have confirmed that the spent fuel and fuel assembly materials1 while no longer useful for nuclear power generation1 continue to pose a dangerous health threat1 remaining lethally radioactive long into the future4 7#i7 ,the plant is now home to #dd dry casks that are loaded with spent nuclear fuel rods1 stored in close proximity to a church1 ,tribal homes1 a daycare center1 government1 cultural1 language1 and education offices1 the ,tribe's ,community ,center1 and ,tribal businesses4 ,the ,nuclear ,regulatory ,commission has licensed the storage of an additional #ed dry casks of spent nuclear fuel at the plant by #bjcd4 7#aj7 ,there is only one improved and maintained road leading on and off of the island1 and it is shared by the ,prairie ,island ,reservation and the ,prairie ,island ,nuclear ,generating ,plant4 ,the road crosses a busy rail corridor at grade and so can be and is often blocked by railroad traffic4 7#aa7 ,as a result1 the ,tribe's entire ,reservation is under constant threat of nuclear contamination and the means of escape is limited4 7#ab7 ,the operation of ,lock and ,dam ,no4 #c1 in combination with the close proximity of the ,prairie ,island ,nuclear ,generating ,plant and spent nuclear fuel to the ,prairie ,island ,reservation1 threatens the safety and well-being of the ,tribe and its members4 7#ac7 ,this ,act will protect the ,tribe and its members1 will support the ,tribe's long-term health and self-sufficiency by acquiring reservation trust land for the ,tribe located at a safe distance from ,lock and ,dam ,no4 #c and the ,prairie ,island ,nuclear ,generating ,plant1 and will relieve the ,united ,states from liability related to the flooding of the ,tribe's ,reservation4 #c4 ,definitions ,for the purposes of this ,act1 the following definitions apply3 7#a7 ,inundated ,land ,the term ,inundated ,land means land owned by or for the benefit of the ,tribe that lies within the ,mississippi ,river #i-;,foot ,channel ,project boundary as depicted as portions of ,parcels ,a1 ,b1 and ,c on the map entitled ,united ,states ,army ,corps of ,engineers survey map of the ,upper ,mississippi ,river #i-;,foot ,project1 ,lock ,dam ,no4 #c 7,red ,wing71 ,land ,flowage ,rights and dated ,december #aicf4 7#b7 ,map ,the term ,map means the map entitled ,elk ,run ,properties1 ,olmstead ,co41 ,,mn1 ,prairie ,island ,indian ,community and dated ,october #ag1 #bjai4 7#c7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#d7 ,settlement ,land ,the term ,settlement ,land means the approximately #a1bdd4ge acres of land owned by the ,tribe and depicted on the ,map4 7#e7 ,tribe ,the term ,tribe means the ,prairie ,island ,indian ,community1 a federally recognized ,indian ,tribe4 #d4 ,acceptance into trust of settlement lands2 release of claims2 conveyance of easements 7a7 ,settlement land ,if the ,tribe provides the waiver1 release of claims1 and conveyance described in subsection 7b71 then1 at the request of the ,tribe1 the ,secretary shall immediately place the ,settlement ,land into trust for the benefit of the ,tribe1 subject to-- 7#a7 any valid existing rights of any third parties of record2 and 7#b7 approval of the form and content of any and all instruments of conveyance4 7b7 ,waiver and release of claims and conveyance of interests in lands ,the ,secretary shall be required to carry out the obligations of subsection 7a7 not later than #f months after the ,secretary's receipt from the ,tribe of-- 7#a7 a waiver and release of any and all of its claims in law or equity against the ,united ,states for the unauthorized taking of the ,inundated ,land2 and 7#b7 confirmation that the ,tribe has conveyed to the ,secretary of ,defense such easements to the ,inundated ,land as are necessary to confirm in the ,united ,states a perpetual right to overflow1 flood1 and temporarily or permanently inundate the ,inundated ,land in connection with the operation and maintenance of the ,mississippi ,river ,navigation ,project4 7c7 ,reservation of rights and retention of claims ,notwithstanding the waivers and releases authorized in this ,act1 the ,tribe shall retain any and all claims accruing after the date upon which the ,secretary receives the waiver1 release of claims1 and conveyance described in subsection 7b74 7d7 ,status of lands and interests in lands ,upon the ,secretary's placement of the ,settlement ,land into trust for the benefit of the ,tribe pursuant to subsection 7a71 the ,settlement ,land shall be deemed to be part of the ,tribe's ,reservation and to have been reserved for the ,tribe as of the first date that the ,inundated ,land was accepted in trust for the ,tribe4