U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

For sale by the Superintendent of Documents, U.S. Government Printing Office

Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800

Fax: (202) 512–2250 Mail: Stop SSOP, Washington, DC 20402–0001

94–530 PDF 2004

S. HRG. 108–625

THE OGLALA SIOUX TRIBE ANGOSTURA

IRRIGATION PROJECT REHABILITATION

AND DEVELOPMENT ACT

HEARING

BEFORE THE

COMMITTEE ON INDIAN AFFAIRS

UNITED STATES SENATE

ONE HUNDRED EIGHTH CONGRESS

SECOND SESSION

ON

S. 1996

TO ENHANCE AND PROVIDE TO THE OGLALA SIOUX TRIBE AND

ANGOSTURA IRRIGATION PROJECT CERTAIN BENEFITS OF THE PICKSLOAN MISSOURI RIVER BASIN PROGRAM

JUNE 16, 2004

WASHINGTON, DC

(
COMMITTEE ON INDIAN AFFAIRS

BEN NIGHTHORSE CAMPBELL, Colorado, Chairman

DANIEL K. INOUYE, Hawaii, Vice Chairman

JOHN McCAIN, Arizona,

PETE V. DOMENICI, New Mexico

CRAIG THOMAS, Wyoming

ORRIN G. HATCH, Utah

JAMES M. INHOFE, Oklahoma

GORDON SMITH, Oregon

LISA MURKOWSKI, Alaska

KENT CONRAD, North Dakota

HARRY REID, Nevada

DANIEL K. AKAKA, Hawaii

BYRON L. DORGAN, North Dakota

TIM JOHNSON, South Dakota

MARIA CANTWELL, Washington

PAUL MOOREHEAD, Majority Staff Director/Chief Counsel

PATRICIA M. ZELL, Minority Staff Director/Chief Counsel

(II)
(III)

C O N T E N T S

Page

S. 1996, text of ......................................................................................................... 3

Statements:

Daschle, Hon. Tom, U.S. Senator from South Dakota .................................. 23

Inouye, Hon. Daniel K., U.S. Senator from Hawaii, vice chairman, Committee on Indian Affairs ............................................................................... 1

Janis, Valerie, council member, Oglala Sioux tribal council, Pine Ridge,

SD ................................................................................................................... 19

Johnson, Hon. Tim, U.S. Senator from South Dakota .................................. 15

Mooney, Ross, acting director, Trust Services, BIA, Department of the

Interior ........................................................................................................... 16

Steele, John Yellow Bird, president Oglala Sioux Tribe, Pine Ridge, SD ... 19

APPENDIX

Prepared statements:

Mooney, Ross .................................................................................................... 29

Steele, John Yellow Bird .................................................................................. 31

(1)

THE OGLALA SIOUX TRIBE ANGOSTURA IRRIGATION PROJECT REHABILITATION AND

DEVELOPMENT ACT

WEDNESDAY, JUNE 15, 2004

U.S. SENATE,

COMMITTEE ON INDIAN AFFAIRS,

Washington, DC.

The committee met, pursuant to notice, at 2 p.m. in room 485,

Senate Russell Building, Hon. Daniel K. Inouye (vice chairman of

the committee) presiding.

Present: Senators Inouye and Johnson.

STATEMENT OF HON. DANIEL K. INOUYE, U.S. SENATOR FROM

HAWAII, VICE CHAIRMAN, COMMITTEE ON INDIAN AFFAIRS

Senator INOUYE. The Senate Committee on Indian Affairs to

order. We are meeting today to discuss S. 1996, the Oglala Sioux

Tribe Angostura Irrigation Project Rehabilitation and Development

Act, a bill sponsored by Senator Tom Daschle of South Dakota.

The Angostura Unit is a part of the Missouri River Basin PickSloan Program. It is an irrigation project operated by the Bureau

of Reclamation in southwestern South Dakota. This project diverts

up to 48,000 acre-feet of water annually from the Cheyenne River

to irrigate more than 12,000 acres of farmland in the Angostura Irrigation District.

The Pine Ridge Indian Reservation, home of the Oglala Sioux

Tribe, is located on the Cheyenne River downstream of the Angostura Unit. The tribe receives no economic benefit from the operation of the Unit, but does suffer significant economic, environmental and ecological harm because of the greatly reduced flows in

the Cheyenne River.

According to the testimony that has been submitted to the committee for this hearing, the territory of the Oglala Sioux Tribe was

first recognized by the United States in the treaty of Fort Laramie

of 1851. Under the Winters Doctrine established by the U.S. Supreme Court, the reservation of lands of this tribe and for other

tribes includes the right to a sufficient amount of water to fulfill

the purposes for which the reservation was established.

Typically, these reserve water rights have a priority date that coincides with the date of establishment of a tribe’s reservation.

Thus, the water rights of the Oglala Sioux Tribe predate the formation of the Angostura Irrigation Project by nearly 100 years. Nonetheless, the operation of the Angostura Irrigation Project by the In-
2

terior Department’s Bureau of Reclamation provides for no release

of water for instream flows of the Cheyenne River upon which the

survival of fish and wildlife and tribal agriculture depends.

In August 2002, the final environmental impact statement for

the Angostura Unit was completed. That final EIS documented

substantially diminished water flows in the Cheyenne River, as

well as serious impacts on water quality. These circumstances have

led to disputes between the tribe and non-Indian water users over

the continued operation of the Angostura Unit.

S. 1996 is intended to resolve those disputes. The bill has two

parts. Title I provides funds to upgrade the efficiency of the irrigation works associated with the Irrigation District so that the water

thus conserved can be returned to the river for the benefit of the

tribe and other downstream interests. Title II establishes an economic development fund for the benefit of the tribe.

Because we are advised that certain sections of this bill have yet

to be fully developed, the committee would hope that the Interior

Department would be willing to work with the committee and the

Oglala Sioux Tribe in further refining this measure.

[Text of S. 1996 follows:]
3

1

II

108TH CONGRESS

1ST SESSION S. 1996

To enhance and provide to the Oglala Sioux Tribe and Angostura Irrigation

Project certain benefits of the Pick-Sloan Missouri River basin program.

IN THE SENATE OF THE UNITED STATES

DECEMBER 9, 2003

Mr. DASCHLE introduced the following bill; which was read twice and referred

to the Committee on Indian Affairs

A BILL

To enhance and provide to the Oglala Sioux Tribe and Angostura Irrigation Project certain benefits of the PickSloan Missouri River basin program.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Oglala Sioux Tribe

5 Angostura Irrigation Project Rehabilitation and Develop6 ment Act’’.

7 SEC. 2. FINDINGS.

8 Congress finds that—

9 (1) Congress approved the Pick-Sloan Missouri

10 River basin program by passing the Act of Decem-
4

2

•S 1996 IS

1 ber 22, 1944 (commonly known as the ‘‘Flood Con2 trol Act of 1944’’) (33 U.S.C. 701–1 et seq.)—

3 (A) to promote the economic development

4 of the United States;

5 (B) to provide for irrigation in regions

6 north of Sioux City, Iowa;

7 (C) to protect urban and rural areas from

8 devastating floods of the Missouri River; and

9 (D) for other purposes;

10 (2) the Angostura Unit—

11 (A) is a component of the Pick-Sloan pro12 gram; and

13 (B) provides for—

14 (i) irrigation of 12,218 acres of pro15 ductive farm land in the State; and

16 (ii) substantial recreation and fish

17 and wildlife benefits;

18 (3) the Commissioner of Reclamation has deter19 mined that—

20 (A) the national economic development

21 benefits from irrigation at the Angostura Unit

22 total approximately $3,410,000 annually; and

23 (B) the national economic development

24 benefits of recreation at Angostura Reservoir

25 total approximately $7,100,000 annually;
5

3

•S 1996 IS

1 (4) the Angostura Unit impounds the Cheyenne

2 River 20 miles upstream of the Pine Ridge Indian

3 Reservation in the State;

4 (5)(A) the Reservation experiences extremely

5 high rates of unemployment and poverty; and

6 (B) there is a need for economic development

7 on the Reservation;

8 (6) the national economic development benefits

9 of the Angostura Unit do not extend to the Reserva10 tion;

11 (7) the Angostura Unit may be associated with

12 negative affects on water quality and riparian vege13 tation in the Cheyenne River on the Reservation;

14 (8) rehabilitation of the irrigation facilities at

15 the Angostura Unit would—

16 (A) enhance the national economic develop17 ment benefits of the Angostura Unit; and

18 (B) result in improved water efficiency and

19 environmental restoration benefits on the Res20 ervation; and

21 (9) the establishment of a trust fund for the

22 Oglala Sioux Tribe would—

23 (A) produce economic development benefits

24 for the Reservation comparable to the benefits

25 produced at the Angostura Unit; and
6

4

•S 1996 IS

1 (B) provide resources that are necessary

2 for restoration of the Cheyenne River corridor

3 on the Reservation.

4 SEC. 3. DEFINITIONS.

5 In this Act:

6 (1) ANGOSTURA UNIT.—The term ‘‘Angostura

7 Unit’’ means the irrigation unit of the Angostura ir8 rigation project developed under the Act of August

9 11, 1939 (16 U.S.C. 590y et seq.).

10 (2) FUND.—The term ‘‘Fund’’ means the Og11 lala Sioux Tribal Development Trust Fund estab12 lished by section 201(a).

13 (3) PICK-SLOAN PROGRAM.—The term ‘‘Pick14 Sloan program’’ means the Pick-Sloan Missouri

15 River basin program approved under the Act of De16 cember 22, 1944 (commonly known as the ‘‘Flood

17 Control Act of 1944’’) (33 U.S.C. 701–1 et seq.).

18 (4) PLAN.—The term ‘‘plan’’ means the devel19 opment plan developed by the Tribe under section

20 201(f).

21 (5) RESERVATION.—The term ‘‘Reservation’’

22 means the Pine Ridge Indian Reservation in the

23 State.

24 (6) SECRETARY.—The term ‘‘Secretary’’ means

25 the Secretary of the Interior.
7

5

•S 1996 IS

1 (7) STATE.—The term ‘‘State’’ means the State

2 of South Dakota.

3 (8) TRIBAL COUNCIL.—The term ‘‘Tribal Coun4 cil’’ means the governing body of the Tribe.

5 (9) TRIBE.—The term ‘‘Tribe’’ means the Og6 lala Sioux Tribe of South Dakota.

7 TITLE I—REHABILITATION

8 SEC. 101. REHABILITATION OF FACILITIES AT ANGOSTURA

9 UNIT.

10 The Secretary may carry out the rehabilitation and

11 improvement of the facilities at the Angostura Project de12 scribed in the report entitled ‘‘Angostura Unit Contract

13 Negotiation and Water Management Final Environmental

14 Impact Statement’’, dated August 2002.

15 SEC. 102. DELIVERY OF WATER TO PINE RIDGE INDIAN

16 RESERVATION.

17 The Secretary shall provide for—

18 (1) to the maximum extent practicable, the de19 livery of water saved through the rehabilitation and

20 improvement of the facilities of the Angostura Unit

21 to the Pine Ridge Indian Reservation; and

22 (2) the use of that water for purposes of envi23 ronmental restoration on the Pine Ridge Indian Res24 ervation.
8

6

•S 1996 IS

1 SEC. 103. EFFECT ON OTHER LAW.

2 Nothing in this title affects—

3 (1) any reserved water rights or other rights of

4 the Tribe;

5 (2) any service or program to which, in accord6 ance with Federal law, the Tribe, or an individual

7 member of the Tribe, is entitled; or

8 (3) any water rights in existence on the date of

9 enactment of this Act held by any person or entity.

10 SEC. 104. AUTHORIZATION OF APPROPRIATIONS.

11 There is authorized to be appropriated such sums as

12 are necessary to carry out this title, to remain available

13 until expended.

14 TITLE II—DEVELOPMENT

15 SEC. 201. OGLALA SIOUX TRIBAL DEVELOPMENT TRUST

16 FUND.

17 (a) OGLALA SIOUX TRIBAL DEVELOPMENT TRUST

18 FUND.—There is established in the Treasury of the

19 United States a fund to be known as the ‘‘Oglala Sioux

20 Tribal Development Trust Fund’’, consisting of any

21 amounts deposited in the Fund under this title.

22 (b) FUNDING.—On the first day of the 11th fiscal

23 year that begins after the date of enactment of this Act,

24 the Secretary of the Treasury shall, from the General

25 Fund of the Treasury, deposit in the Fund—
9

7

•S 1996 IS

1 (1) such sums as the Secretary of the Treasury,

2 in consultation with the Secretary, the Secretary of

3 Health and Human Services, and the Tribal Council,

4 are necessary to carry out development under this

5 title; and

6 (2) the amount that equals the amount of inter7 est that would have accrued on the amount de8 scribed in paragraph (1) if that amount had been in9 vested in interest-bearing obligations of the United

10 States, or in obligations guaranteed as to both prin11 cipal and interest by the United States, on the first

12 day of the first fiscal year that begins after the date

13 of enactment of this Act and compounded annually

14 thereafter.

15 (c) INVESTMENT OF TRUST FUND.—

16 (1) IN GENERAL.—The Secretary of the Treas17 ury shall invest such portion of the Fund as is not,

18 in the judgment of the Secretary of the Treasury,

19 required to meet current withdrawals.

20 (2) ACQUISITION OF OBLIGATIONS.—Such in21 vestments may be made only in interest-bearing obli22 gations of the United States or in obligations guar23 anteed as to both principal and interest by the

24 United States.
10

8

•S 1996 IS

1 (3) INTEREST.—The Secretary of the Treasury

2 shall deposit interest resulting from such invest3 ments into the Fund.

4 (d) PAYMENT OF INTEREST TO TRIBE.—

5 (1) WITHDRAWAL OF INTEREST.—Beginning on

6 the first day of the 11th fiscal year after the date

7 of enactment of this Act and, on the first day of

8 each fiscal year thereafter, the Secretary of the

9 Treasury shall transfer the aggregate amount of in10 terest deposited into the Fund for the fiscal year to

11 the Secretary for use in accordance with paragraph

12 (3).

13 (2) AVAILABILITY.—Each amount transferred

14 under paragraph (1) shall be available without fiscal

15 year limitation.

16 (3) PAYMENTS TO TRIBE.—

17 (A) IN GENERAL.—The Secretary shall use

18 the amounts transferred under paragraph (1)

19 only for the purpose of making payments to the

20 Tribe, as such payments are requested by the

21 Tribe pursuant to tribal resolution.

22 (B) LIMITATION.—Payments may be made

23 by the Secretary of the Interior under subpara24 graph (A) only after the Tribe has adopted a

25 plan under subsection (f).
11

9

•S 1996 IS

1 (C) USE OF PAYMENTS BY TRIBE.—The

2 Tribe shall use the payments made under sub3 paragraph (B) only for carrying out projects

4 and programs under the plan prepared under

5 subsection (f).

6 (e) LIMITATION ON TRANSFERS AND WITHDRAW7 ALS.—Except as provided in subsections (c) and (d)(1),

8 the Secretary of the Treasury shall not transfer or with9 draw any amount deposited under subsection (b).

10 (f) DEVELOPMENT PLAN.—

11 (1) IN GENERAL.—Not later than 18 months

12 after the date of enactment of this Act, the govern13 ing body of the Tribe shall prepare a plan for the

14 use of the payments to the Tribe under subsection

15 (d).

16 (2) CONTENTS.—The plan shall provide for the

17 manner in which the Tribe shall expend payments to

18 the Tribe under subsection (d) to promote—

19 (A) economic development;

20 (B) infrastructure development;

21 (C) the educational, health, recreational,

22 and social welfare objectives of the Tribe and

23 members of the Tribe; or

24 (D) any combination of the activities de25 scribed in subparagraphs (A) through (C).
12

10

•S 1996 IS

1 (3) PLAN REVIEW AND REVISION.—

2 (A) IN GENERAL.—The Tribal Council

3 shall make available for review and comment by

4 the members of the Tribe a copy of the plan be5 fore the plan becomes final, in accordance with

6 procedures established by the Tribal Council.

7 (B) UPDATING OF PLAN.—

8 (i) IN GENERAL.—The Tribal Council

9 may, on an annual basis, revise the plan to

10 update the plan.

11 (ii) REVIEW AND COMMENT.—In re12 vising the plan, the Tribal Council shall

13 provide the members of the Tribe oppor14 tunity to review and comment on any pro15 posed revision to the plan.

16 (C) CONSULTATION.—In preparing the

17 plan and any revisions to update the plan, the

18 Tribal Council shall consult with the Secretary

19 and the Secretary of Health and Human Serv20 ices.

21 (4) AUDIT.—

22 (A) IN GENERAL.—The activities of the

23 Tribe in carrying out the plan shall be audited

24 as part of the annual single-agency audit that

25 the Tribe is required to prepare pursuant to the
13

11

•S 1996 IS

1 Office of Management and Budget circular

2 numbered A–133.

3 (B) DETERMINATION BY AUDITORS.—The

4 auditors that conduct the audit under subpara5 graph (A) shall—

6 (i) determine whether funds received

7 by the Tribe under this section for the pe8 riod covered by the audit were expended to

9 carry out the plan in a manner consistent

10 with this section; and

11 (ii) include in the written findings of

12 the audit the determination made under

13 clause (i).

14 (C) INCLUSION OF FINDINGS WITH PUBLI15 CATION OF PROCEEDINGS OF TRIBAL COUN16 CIL.—A copy of the written findings of the

17 audit described in subparagraph (A) shall be in18 serted in the published minutes of the Tribal

19 Council proceedings for the session at which the

20 audit is presented to the Tribal Council.

21 (g) PROHIBITION OF PER CAPITA PAYMENTS.—No

22 portion of any payment made under this title may be dis23 tributed to any member of the Tribe on a per capita basis.
14

12

•S 1996 IS

1 SEC. 202. ELIGIBILITY OF TRIBE FOR CERTAIN PROGRAMS

2 AND SERVICES.

3 No payment made to the Tribe under this title shall

4 result in the reduction or denial of any service or program

5 with respect to which, under Federal law—

6 (1) the Tribe is otherwise entitled because of

7 the status of the Tribe as a federally recognized In8 dian tribe; or

9 (2) any individual who is a member of the Tribe

10 is entitled because of the status of the individual as

11 a member of the Tribe.

12 SEC. 203. AUTHORIZATION OF APPROPRIATIONS.

13 There are authorized to be appropriated such sums

14 as are necessary to pay the administrative expenses of the

15 Fund.

Æ
15

Senator INOUYE. May I call upon Senator Tim Johnson.

STATEMENT OF HON. TIM JOHNSON, U.S. SENATOR FROM

SOUTH DAKOTA

Senator JOHNSON. Thank you, Senator Inouye. I thank you and

Chairman Campbell for your willingness to hold this important

hearing today pertaining to S. 1996, the Oglala Sioux Tribe Angostura Irrigation Project Rehabilitation and Development Act, a bill

introduced by my senior Senator, Senator Tom Daschle, and cosponsored by myself.

I would also like to recognize and thank the Oglala Sioux tribal

president, John Yellow Bird Steele, for coming to testify today, and

for his leadership on this issue. Accompanying President Steele

here today are Oglala Sioux tribal council members Valerie

Killsmall Janis, Gary Janis, Cora Hildebrand Whiting, and Carol

O’Rourke. I welcome the Oglala Sioux tribal council members and

other South Dakotans that are joining us here this afternoon. I appreciate all the hard work that you are doing on behalf of the Oglala people.

The Angostura legislation addresses the legal and equitable

claims of the Oglala Sioux Tribe relating to the Angostura Unit’s

environmental impacts in the Cheyenne River watershed on the

Pine River Reservation. In August 2002, Reclamation released its

final environmental impact statement, Angostura Unit Contract

Negotiation and Water Management. The final EIS verifies that

the water flows, water quality and riparian habitat below Angostura have diminished substantially. The Angostura Unit is located

15 miles from the Pine Ridge Reservation, and the project has impacted the environmental and economic resources of the Oglala

Sioux Tribe.

Proposed amendments call for a $92.5-million trust fund to be set

up to make the tribe whole. I am supportive of this legislation and

I look forward to working with the tribe as this bill moves forward.

I want to conclude by thanking Senator Daschle for introducing

this legislation. I have been known to say that our tribes have no

better friend in Washington than my friend and colleague, Tom

Daschle. I look forward to working with Senator Daschle on this

legislation. I know that it was his intent to lead off the testimony

here today. Hopefully, he will be able to join us, but as you know,

he is balancing demands on his time on the floor with the Defense

authorization bill and other matters all going on simultaneously. I

will leave it to the chairman in which order to call witnesses, but

I know that Senator Daschle regards this legislation as among his

very highest priorities.

Thank you, Mr. Vice Chairman.

Senator INOUYE. I can assure you that Senator Daschle will be

here. He is at this moment presiding over a matter of great importance and some sensitivity. I have been instructed to move ahead

and not to keep you waiting.

With that in mind, I would like to call upon the acting director

of Trust Services of BIA, Ross Mooney. Mr. Mooney, welcome, sir.
16

STATEMENT OF ROSS MOONEY, ACTING DEPUTY DIRECTOR,

OFFICE OF TRUST SERVICES, BIA, DEPARTMENT OF THE

INTERIOR

Mr. MOONEY. Good afternoon, Mr. Vice Chairman.

I am pleased to provide the Administration’s views on S. 1996,

the Oglala Sioux Tribe Angostura Irrigation Project Rehabilitation

and Development Act. This bill would enhance and provide certain

project benefits for the Oglala Sioux Tribe in connection with water

conservation improvements on the Angostura Irrigation Project.

Title I of this bill would authorize the secretary to rehabilitate

and improve the facilities of the project, a component of the larger

Pick-Sloan project in the Missouri River Basin. Furthermore, title

I would provide that the Secretary shall to the maximum extent

practicable deliver water saved through the rehabilitation and improvement of the facilities of the Angostura Project to the Pine

Ridge Indian Reservation and provide that the use of that water

be used for environmental restoration.

Title II of the bill would create a tribal development trust fund

to promote economic development, infrastructure development, and

the educational, health, recreational and social welfare objectives of

the tribal members. The Administration shares the concern of the

tribe about the need to improve economic, educational and health

systems on the reservation and will continue to work with the tribe

to seek solutions to promote these reforms.

While the Administration has some concerns that are contained

in the written testimony, Mr. Chairman, we share the sponsor’s

goal of finding innovative solutions for economic, education, health,

recreational and social welfare improvements on the reservation.

The Department stands ready to work with the tribe, this committee and the South Dakota delegation on possible solutions.

This concludes my testimony and I will be happy to respond to

questions you may have. Thank you.

[Prepared statement of Mr. Mooney appears in appendix.]

Senator INOUYE. I thank you very much, sir.

My first question is, how many Indian tribes have been affected

by the Missouri River Basin Pick-Sloan program? And how many

of those tribes have alleged injuries that have not yet been fully addressed by Congress?

Mr. MOONEY. I cannot respond to that, sir, because the Commissioner of Reclamation was unable to make the meeting. But I have

been involved with five other tribes, the Cheyenne River, Lower

Brule, Standing Rock, some of those other tribes that were more

directly impacted by some of the facilities that were constructed as

part of the Pick-Sloan project.

Senator INOUYE. There are several tribes with alleged injuries.

Mr. MOONEY. Most of the tribes within the Missouri River basin,

as I understand it, did have some impacts as a result of the facilities associated with Pick-Sloan.

Senator INOUYE. In your written testimony, you state that the

Department is not aware of any specific impacts caused by the development of the Angostura Unit. How do you reconcile this statement with the findings of the final environmental impact statement

of August 2002 prepared by your own Department, that specifically
17

documents substantially diminished water flows in the Cheyenne,

as well as serious impacts on water quality?

Mr. MOONEY. The EIS was developed by the Bureau of Reclamation, and again, since the Commissioner of Reclamation could not

appear at this time, I really cannot respond to that question. I will

be glad to take it in writing and we can respond later.

Senator INOUYE. Yes; can you provide us with that, sir, your

written response? I would appreciate that.

Mr. MOONEY. Yes, Mr. Vice Chairman; I sure can.

Senator INOUYE. Your testimony states that the Administration

does not support the enactment of legislation mandating that water

saved through improved efficiency of the Angostura Unit be applied

to environmental restoration on the Pine Ridge Indian Reservation.

Does the Department propose any alternative measures to address

the economic and ecological injuries the tribe claims to have suffered? Is it the Department’s position that no such injuries have

been demonstrated?

Mr. MOONEY. I do not believe we put forth that there have been

no injuries, but dedicating the water that is saved through efficiencies of the rehabilitation of the project, in putting this in the

bill, in a sense circumvents the public interface with the other

stakeholders in the area. The way the bill is written, it appears to

dedicate this water strictly to the Pine Ridge Reservation without

further consultation with these other stakeholders.

Senator INOUYE. What do you propose to do with other stakeholders? They have been kept out in the cold up until now. What

do you propose to do with them?

Mr. MOONEY. Are you referring to the Oglala Sioux Tribe stakeholders?

Senator INOUYE. Of the tribe, yes.

Mr. MOONEY. As I stated in the testimony, we will be glad to

work with this committee and the tribe to come to resolution and

solutions on these kinds of issues.

Senator INOUYE. These tribes have been asking for relief for

some time. Have you attempted anything up until now?

Mr. MOONEY. I personally am not aware of any actions that the

Commissioner has taken. I am sure he has worked diligently to try

to work with the tribes, especially through the EIS process. Any

further detail on that, I would have to refer to him.

Senator INOUYE. I thank you very much, sir.

May I call upon Senator Johnson.

Senator JOHNSON. Thank you, Senator Inouye.

Mr. Mooney, this the final environmental impact statement for

Angostura Unit. Have you read the EIS?

Mr. MOONEY. I have read a brief summary of it, sir, but I have

not read the whole EIS.

Senator JOHNSON. Okay. In your statement, you testified that

the Secretary currently possesses the authority to rehabilitate the

irrigation unit, but on page 24 of the EIS, it states that legislation

is required for this. Wouldn’t you agree that this presents a discrepancy between your statement and the EIS evaluation?

Mr. MOONEY. Yes, sir; I agree. As you stated, it seems to be a

discrepancy.
18

Senator JOHNSON. You testified that S. 1996 excludes all other

stakeholders. As a cosponsor of S. 1996, my staff is engaged in discussions with the Bureau of Reclamation and other stakeholders.

Additionally, I know that President John Steele has been in discussion with the Angostura Irrigation District and members of Hot

Springs and Oral communities. With these discussions taking

place, how exactly is it that S. 1996 undermines collaboration with

other stakeholders?

Mr. MOONEY. The bill appears to circumvent that. If there have

been official consultations with the stakeholders, then that does not

seem to be a problem. Again, I would defer the final answer to that

question to the Commissioner of Reclamation.

Senator JOHNSON. When you refer to stakeholders, who exactly

are you talking about and which stakeholders have you spoken

with?

Mr. MOONEY. The EIS was performed in cooperation with the

Angostura Irrigation District; the Oglala Sioux Tribe, the Cheyenne River Sioux Tribe; the Lower Brule Sioux Tribe; the South

Dakota Department of Game, Fish and Parks; the U.S. Geological

Survey; U.S. Natural Resources Conservation Service; the BIA; and

the South Dakota Department of Environmental and Natural Resources.

Senator JOHNSON. Are you aware that President Steele has proposed an amendment that provides that the irrigation improvements are to be on a non-reimbursable basis? And this amendment,

one might think, would alleviate your concerns that the bill undermines the collaboration with other stakeholders.

Mr. MOONEY. I am aware that there has been a proposed amendment for non-reimbursability of the funds.

Senator JOHNSON. Do you still see this, however, as an undermining of collaboration?

Mr. MOONEY. Since the commissioner and his delegatees have

been the ones consulting with the stakeholders, I would defer that

detailed answer to him.

Senator JOHNSON. Your testimony indicates that title I of the bill

is inconsistent with the record of decision, whereas title I implements the preferred alternative in the EIS and the record of decision. When you state that title I is inconsistent with the ROD,

which section of the record of decision are you talking about?

Mr. MOONEY. Let me defer that answer to the commissioner.

Senator JOHNSON. Very good. And you will provide that in writing?

Mr. MOONEY. Yes, sir.

Senator JOHNSON. Good. I have several other questions, but I

will submit them to you and would appreciate your timely attention to that.

Mr. Chairman, we received Mr. Mooney’s testimony this morning. Obviously, it is not as favorable as I would like, but frankly

in my view the BIA is not really the agency that should be testifying in many respects. It is the Bureau of Reclamation that I think

we may need to know more from.

We have drafted several questions for Mr. Mooney and we will

make that part of the record and submit them for his prompt attention.
19

Senator INOUYE. Without objection, so ordered.

Senator JOHNSON. Very good. I yield back.

Senator INOUYE. I thank you very much.

Mr. MOONEY. Thank you, Mr. Vice Chairman.

Senator INOUYE. Thank you very much, Mr. Mooney.

May I now call upon John Yellow Bird Steele, the president of

the Oglala Sioux Tribe of Pine Ridge, SD.

STATEMENT OF JOHN YELLOW BIRD STEELE, PRESIDENT,

OGLALA SIOUX TRIBE, ACCOMPANIED BY VALERIE JANIS,

COUNCIL MEMBER, OGLALA SIOUX TRIBAL COUNCIL

Mr. STEELE. Thank you very much, Mr. Vice Chairman Inouye.

Thank you for chairing this meeting.

My name is John Yellow Bird Steele. I serve as the president of

the Oglala Sioux Tribe. I thank Senator Johnson for being here and

for cosponsoring this legislation of Senator Daschle’s.

I do have with me Valerie Janis. She is on the tribal council. She

represents the affected community that the river does pass

through, the Cheyenne River on the Pine Ridge Reservation. And

Peter Capasella, our attorney, who is going to help me answer any

questions that may have to be answered.

I filed a written statement, Senator, and I ask that I be able to

summarize that lengthy written statement here.

Senator INOUYE. Without objection, your full statement is made

part of the record.

Mr. STEELE. I thank you, sir. We have also proposed some

amendments to S. 1996 which I ask to also be included in the

record.

Senator INOUYE. Without objection.

Mr. STEELE. I would like to thank the Chairman, Senator Ben

Nighthorse Campbell, for allowing this meeting, the conducting of

this hearing on S. 1996. I would like to thank you, Senator Inouye,

for chairing this afternoon’s hearing. I would like to thank you,

Senator, for your advocacy for Indian issues over all of these years.

I would like to thank Senator Johnson for participating in this

afternoon’s hearing. I have been working with Senator Johnson on

this specific issue since the early 1990’s when the contracts with

the irrigators gave out. It has been 10 years now, and we do have

legislation introduced by the Senator here. Today, we have an opportunity to discuss the damage to our reservation caused by the

Angostura Dam and the basic unfairness to our tribe to have our

water flows cut off by the Bureau of Reclamation just above our

reservation’s boundary.

We the Oglala Sioux Tribe are adapting to the modern world

now. We are making progress. We still have some lack and needs

in housing, education, economic development, but we are making

progress in those areas. We still hold many of our older practices.

This includes hunting and fishing, gathering of fruits and berries

and roots and plants for medicinal purposes. As children, we grew

up doing this.

The Cheyenne River, which is on the northwestern part of our

reservation, was the most fertile and beautiful area. Historically,

the rich Cheyenne River valley attracted tribal members from

throughout the reservation. They gathered there to hunt, to fish,
20

for recreation, for swimming. The Red Shirt Table community on

the Cheyenne River is one of the most traditional communities.

Many of the residents are descendants of the survivors of Wounded

Knee massacre. This is a rich historical area. The stronghold is

right near there. This is where our people lived in harmony with

the natural environment for hundreds of years.

The Angostura Dam changed all of that. The dam was built in

the late 1940’s. By 1950, the dam was completed and the river

flows in the Cheyenne River were completely cut off of the reservation. In 1956, the Bureau of Reclamation entered into a 40-year

contract with irrigators for water delivery from the Angostura Irrigation Dam. At that time, our tribe was not consulted. We were in

no position to object to the Bureau of Reclamation.

The results were devastating. The natural flow of the river was

completely disrupted. Spring floods dried up. Riparian vegetation

dried up. Wild fruits disappeared. Wildlife went away. Water quality declined. Now the fish have sores or lesions on them. I believe

it was a bottle of water that we brought from Cheyenne River

when we proposed the Mni Wiconi project that was discolored, had

an odor to it, had a bad taste to it, that they were using there in

Red Shirt Table.

The Indian Health Service posted a sign at Red Shirt Table

warning residents not to swim in the Cheyenne River. The water

quality got so bad. The water supply for the community gardens

dried up. Red Shirt Cannery closed down in the 1950’s.

They used to have an agricultural cooperative back in the 1950’s

in Red Shirt Village, along with the irrigation and the cannery.

That had to close down and disband. Our tribe has suffered severe

harm, irreparable harm since the 1950’s because of Angostura

Dam.

In 1996, as I said, the water contract expired with the irrigators.

I requested that the Bureau of Reclamation conduct an EIS, an environmental impact statement. They said it would take too long, be

too costly at first. But then they came around and they agreed to

do it. The EIS took 4 years to complete. We worked with the

irrigators, the recreation people that use the dam for recreations.

We worked with all the participants in the benefits of the dam

right now. We completed the EIS and that is what we are using

today, Senator, on this legislation.

Our tribal environmental program has accumulated a great deal

of water data on the Cheyenne River. We worked hard to ensure

that this was considered by the Bureau of Reclamation in the EIS.

I do wish the Bureau of Reclamation were here. We have a relationship with them because we worked with them on that EIS for

many years.

I did discuss with Dennis Breitzman, the manager of the Dakotas area office, in developing this win-win approach we see that we

are producing today in this legislation, where the irrigators are

going to be satisfied; the recreational people are going to be satisfied; and the Oglala Sioux Tribe is going to be satisfied with the

stream flow that is going to take care of those fish with lesions on

them, the children swimming in those ponds, that are supposedly

supposed to be a river.
21

I called it a win-win approach in S. 1996, because everybody benefits here. Because of the, as I stated, irreparable harm done by the

Angostura Dam over the 50 years, a trust fund in the amount of

$92.5 million will be established for some of those damages to help

mediate some of those damages. But it is based upon prior legislation by Congress, and so the EIS has got the amount of $92.5 million in it, based upon prior legislation.

This is accomplished without quantifying or compromising our

water rights, this legislation. Time-consuming and costly litigation

are being avoided with this legislation. The environment is being

protected and our tribe is trying to be made whole again with this

legislation.

This legislation is based upon many years of negotiations between our tribe and the Bureau of Reclamation and all of the water

users. It includes provisions favored by the irrigators, as well as

the provisions for fish and wildlife habitat and the environment.

The tribal council supports the bill. The Bureau of Reclamation

participated in the development of the concepts included in the bill.

It is based on BOR’s final EIS. All affected parties have participated and are in support of S. 1996.

I am a little contrary to what the BIA is saying up here. They

have not been a participant over all of these years. They have

made testimony today, but I do not know where they are coming

from because they have not participated one minute. I do not know

how they got their opinion to make a statement today.

But for the reasons that I give you, I urge the committee to take

favorable action on S. 1996. I thank you very much. Let me defer

some of my time for a brief statement from Tribal Councilperson

here, Valerie Janis from the White Clay District, the Red Shirt

Table Area District. Valerie?

Ms. JANIS. Thank you, President Steele, and thank you Mr. Vice

Chairman. My name is Valerie Killsmall Janis. I represent the

White Clay District on the Oglala Sioux Tribal Council. The Red

Shirt Table community is located in my district. I know from growing up in this area and visiting with my relatives in Red Shirt just

how much Angostura Dam affects our area.

Because of the Angostura Dam, we went from hunting and fishing to food stamps and welfare. We went from gathering

chokecherries, buffalo berries, wild plums and canning them and

storing food supplies for the winter, to being idle and having no

jobs or industry. As our tribal President stated, Red Shirt Table

community had its own cannery and provided jobs and income for

community residents. That is all gone now.

We need the development trust fund that is provided in S. 1996.

Our unemployment rate is 80 percent. There is a serious lack of

housing in Red Shirt community. The elementary school is on the

brink of being condemned. It is in such bad condition that the

Shannon County school board is planning on replacing the school,

but the community electrical distribution system is not adequate

for a new building.

The water supply was just hooked up last week. For many years,

Red Shirt community members hauled water great distances, traveling throughout the city to fill water bottles, that is 40 miles

away. The road from Red Shirt across the reservation is unpaved.
22

This 40-mile stretch of road is extremely dangerous. There are

many accidents and fatalities on this road. Just two weeks ago,

President Steele’s chief aide and close relative, Richard Yellow

Bird, who was from the Red Shirt community, and his 16-year-old

granddaughter Amber were killed in a head-on collision on the Red

Shirt Road.

Our community and our tribe suffer from the lack of basic infrastructure, things that other Americans take for granted like paved

roads, electricity, telephone service that are unavailable for many

of our community members.

In the meantime, the Bureau of Reclamation built this large irrigation project for the nearby off-reservation farming community.

They use our water and disrupt our way of life. We deserve this

trust fund. We deserve the opportunity for a better life than we

have now. S. 1996 provides that hope for us.

I appreciate the opportunity to speak today on behalf of the

White Clay District and the Red Shirt Table community. Thank

you very much, Senator Inouye.

Senator INOUYE. Thank you very much.

Mr. President, would you care to add to this?

Mr. STEELE. Senator, it is a situation that, as I said in my statement, that the tribe had no consultation, no right to give an opinion in the 1950’s as to the construction and the use of the water.

It was completely cut off. We got the dry river bed. And that river

bed used to be the life of the people. It used to be the life of that

community. The area had been able to provide some fish for food,

the berries and stuff. They no longer grow. The river, the sides of

it, the berry trees do not grow because the silt is not there anymore. It is just devastating. The life of the community was just

choked off, as Ms. Janis just stated here. They have just been surviving up there.

After 50 years, we have an opportunity to speak to yourselves,

the United States Congress here, to try to mediate some of these

problems.

Senator INOUYE. As a result of this reduced flow, did you testify

that the Red Shirt Agricultural Coop had to be closed?

Mr. STEELE. Yes, sir; they had a cannery. They canned different

items of berries, vegetables through their irrigation of the use of

the river. And there was an agricultural coop established in the

1950’s. These all had to close down and disband because there was

no more water for all of those purposes.

Senator INOUYE. And the water quality is unfit for human consumption?

Mr. STEELE. Oh, no, you could not drink that. It is in the EIS,

the environmental impact statement that the Bureau of Reclamation has done. But the fish that we are taking out of the river have

lesions on them, sores. The children that use the river, the ponds

in there because it is dried up and there are just ponds left, get

rashes. So Indian Health Service put signs up for children not to

swim in there because it is contaminated with pesticides, fertilizers

that a natural-flowing river would clean itself up. But here with

standing water, it does not have a chance to clean itself up.
23

Senator INOUYE. You have the senior rights to the use of water

on the Angostura Irrigation project, but if you exercise those rights

fully, no one else would have water.

Mr. STEELE. This is what we are terming the win-win situation

in this legislation, Senator. The irrigators would still get water to

irrigate with; the recreation people would still have water to ski

and to motorboat and to use these for recreation purposes. We

would get a stream flow from the savings of the water for the increased efficiencies in the irrigation system. I think there are about

identified 20,000 acre-feet of water that would be saved per annum.

This would go into the stream flow to help mitigate some of the distressed river conditions for the wildlife.

But yes, we do have senior prior rights as established through

the Winters doctrine, through the 1868 and the 1851 Fort Laramie

Treaties. It would be very costly litigation for us to establish those

prior water rights through litigation, but we would rather approach

Congress for this win-win situation for everybody involved, all the

stakeholders. The stakeholders would not be fairly treated through

court. The Oglala Sioux Tribe, in all fairness, is entitled to all of

the water.

Senator INOUYE. In other words, you are trying to share your

water with others.

Mr. STEELE. Through this legislation, it is a solution. It is not a

settlement that we are offering. But yes, this legislation would continue for all of the stakeholders a good equitable share, what they

are used to today.

Senator INOUYE. I thank you very much, Mr. President.

Senator JOHNSON. I have some questions for President Steele

and for Ms. Janis. However, I notice that Leader Daschle is here,

and I wonder, Mr. Chairman, given the demands on his schedule,

if he might present his statement and then we can return to questions to the tribal leadership.

Senator INOUYE. Would you like to introduce our leader?

Senator JOHNSON. It is an honor for me, of course, to introduce

our Leader and my senior Senator, Senator Tom Daschle. Senator

Daschle is the lead sponsor of this legislation and has been an extraordinary friend of all of our tribes in South Dakota.

These are difficult issues, and we are thankful that we have

someone of Tom Daschle’s stature taking the leadership role on behalf of the immense needs of Indian people in South Dakota. So I

am very pleased that Senator Daschle could take time out of an incredibly busy schedule to join us here for this.

Senator INOUYE. Mr. Leader, may I request that I be listed as

one of your cosponsors?

Senator DASCHLE. I would appreciate very much the honor of

adding you as a cosponsor. I will certainly do that. I thank you.

STATEMENT OF HON. THOMAS A. DASCHLE, U.S. SENATOR

FROM SOUTH DAKOTA

Senator DASCHLE. I thank you for this hearing. I thank Senator

Johnson for his incredible advocacy. The Indian people of this country have no two stronger or finer or more loyal friends than the two

of you. I am very grateful. This is the second day in a row that
24

Senator Johnson has participated in or chaired a hearing, thanks

to you and your magnificent staff. So I am grateful to you.

I have a lengthy statement and I would ask that it be made a

part of the record, Mr. Chairman. Let me just say very briefly, you

have heard from President Steele. You know from his eloquent

presentation the injustices that have once again been recorded, and

our need to begin correcting those injustices with this legislation.

We can to all the way back to the treaties themselves and the

many, many wrongs that came as a result of our abrogation of

those treaties and our unwillingness to respect them. But this even

goes beyond the treaty. These were projects that were built and

constructed for good reason. We think that flood control in South

Dakota and irrigation in South Dakota are worthy goals. But they

cannot be done at the expense of others. They cannot be done at

the expense of those who have already been victimized in so many

other ways as a result of the abrogation of treaties.

So this legislation simply provides a mechanism by which we can

make right some of the tremendous pain, economically and socially,

that has been caused by the construction of our flood control and

irrigation efforts.

I think it is long past due. I think it is very, very critical that

at the earliest possible time, we address this inequity, this injustice, and try to make it right. That is all that we attempt to do

with the legislation, to provide a meaningful way with which to put

some balance back into the sacrifices required of those who live in

southwestern South Dakota, especially on the Pine Ridge Reservation.

Chairman Steele and those tribal leaders within the tribe themselves have very powerfully and eloquently made the case to us, to

Senator Johnson and me on a number of occasions, and I think you

can tell from his presentation today that they have given great

thought to this issue.

So it is with pride and with great determination that I come before you today with the expectation that this committee and ultimately the Senate will address this injustice in a way that will

allow them to begin feeling more confident that they can be made

whole, given the sacrifices that they have made with such great

regularity for the last 100 years, but especially in the time since

these projects were created.

So with that, Mr. Chairman, again I thank you and I cannot

begin to express my gratitude to you for all that you do for Indian

country, but especially for what you do for the Native American

population in our State of South Dakota.

Senator INOUYE. Mr. Leader, I thank you for your very moving

statement. I wish Indian country was here to listen to you because

if it were not for you, I think Indian country would be in worse

shape than it is now.

Mr. Leader, yesterday we received testimony here that the Crow

Creek Sioux Tribe, like President Steele’s tribe, has about 80 percent unemployment. The thing that shook me was the report that

teenagers commit suicide or attempt to commit suicide on an average of about 22 a month. This is the highest in the United States,

with a tribal population of just 2,200. It is unheard of. That is why
25

I requested that I be made one of the sponsors of this measure, because this matter must be resolved. I am with you, sir.

Senator DASCHLE. Mr. Chairman, I am very grateful. And to your

ally and my dear, dear friend, Senator Johnson, I know I speak on

behalf of everyone in Pine Ridge in expressing our gratitude to

both of you. Thank you.

Senator JOHNSON. Only briefly to once again express appreciation to Leader Daschle. As he has so ably stated here, that the Oglala Sioux are one of America’s largest tribes in terms of population, but also one of America’s poorest in terms of economic circumstances.

While this legislation does not single-handedly correct all the

problems that we face in that part of South Dakota, it is an important part of any kind of strategy to help to alleviate the poverty

and the hopelessness that has existed for far too long, and which

was brought upon these people due to no choice of their own.

While we have talked about the trust funds for reservations that

abut the Missouri River, the loss suffered by this tribe is no less

than it is for others, and the need for equity is as great here as

it is with any other tribe.

So I thank Senator Daschle for his leadership and Mr. Vice

Chairman, you for your cosponsorship of this legislation.

Senator INOUYE. I would just like to add something, Mr. Leader.

I think we should also note that more members of these tribes have

volunteered to serve in the uniform of the United States than any

other ethnic group in the United States. This is the worst-treated

group, and yet they come out number one. The least we can do is

to rectify that. I am with you.

Senator DASCHLE. Mr. Chairman, I thank you. I applaud for calling attention to the patriotism of our Native American community.

You are absolutely right. In numbers beyond virtually any other

ethnic group, they have demonstrated once again their commitment

to their country. We owe them a response that is commensurate

with that level of patriotism today.

Thank you.

Senator INOUYE. I thank you very much, Mr. Leader.

Do you have any questions?

Senator JOHNSON. I do have some questions for President Steele

and for Councilwoman Janis. I know that we are short on time and

I have another obligation, as I know that you do as well, but just

a couple of quick points.

John, you and I have been talking about this for a long time. I

am afraid our hair is getting grayer faster than the equity is being

delivered on this problem. How long have you been working on this

project? And have you been working with the Bureau of Reclamation all along that way?

Mr. STEELE. We have been in touch with the Bureau of Reclamation prior to 1996 in the early 1990’s on the fish out there that had

the sores on them, and the kids getting rashes from swimming in

those ponds in that river bed. But it was 1996 when the irrigators’

contracts, their 40-year contracts ran out that I met with Eluid

Martinez who was then Commissioner of the Bureau of Reclamation, and said I wanted an EIS done and they refused at first. So
26

I told them I would take you to court over the water rights. They

came around and they did the EIS at that time on the river.

So we have been working and yourself, sir, since then, on the

EIS. It takes several scoping meetings. You have to meet quite

often, quite regularly to compare data, discuss and agree upon

things. It took four years for the environmental impact statement

to be completed. So it has been quite a number of years that we

have been physically there working on it. That is why I question,

why isn’t the Bureau of Reclamation here? They approved of this

legislation. They had input into it. The BIA had no participation.

They do not even know who the stakeholders are, and yet they are

testifying here. I cannot understand that.

Senator JOHNSON. Thanks to your insistence upon the environmental impact statement, we now know, we have a scientific basis

for knowing that when you talk about the lesions and the illnesses

of the children and so on, that not only has the volume of water

been degraded significantly that comes to the Oglala Sioux, but

that you now suffer from the inclusion of mercury, pesticides and

other foreign influences into that ecosystem. It is not diluted in the

fashion that it once was, and that has, if I understand the EIS, has

been a further significant detriment to the public health of the children and the people of particularly the Red Shirt District.

Mr. STEELE. Yes; that is all in the environmental impact statement. The fish and the mercury are all identified. We have taken

the fish to the labs for the lesions, for the mercury content, all of

that stuff. It is all in the EIS. Yes, sir.

Senator JOHNSON. This morning I received some proposed

amendments to the bill. I want to thank you for those. As is virtually always the case, most legislation evolves and changes over

a matter of course, and I want to again say to you, John, that I

look forward to working with you in our attempt to really bring

this legislation to a point where I think we can move it our of this

committee and finally bring a resolution to what has been a halfcentury-long injustice to the people of your reservation.

Mr. STEELE. Yes, Senator; and on behalf of the over 42,000 enrolled tribal members back home, I would like to thank yourself

and I would like to thank Senator Inouye for offering to cosponsor

this at this time. Thank you so much.

Senator JOHNSON. I would only in closing say to Councilwoman

Janis, Valerie, first of all I appreciate your leadership with the Red

Shirt District. Your constituents were most particularly impacted

by the Angostura Dam. Can you share with us just briefly how this

legislation would impact the people of your district of the Oglala

Sioux?

Ms. JANIS. Yes; thank you.

Senator JOHNSON. What would we be able to do for your people?

Ms. JANIS. To provide the basic infrastructure needs that I talked

about in my testimony, and also for our future generations to come,

and speaking to the elders there, they said they used to do all of

these things which they can no longer teach their children and

grandchildren. So I would appreciate the legislation for the future

generations.

Senator JOHNSON. We are not talking about taking the water

away from irrigators. We are simply talking about a financial com-
27

pensation for what has been a profound loss to the way of life of

your people. I think we need to understand that as well.

Mr. STEELE. Yes, sir; and the irrigators are going to still get the

same amount of water, but there are going to be about 20,000 acrefeet saved through more efficient irrigation systems.

Senator JOHNSON. That is an excellent point, that again it is as

you denominated it, a win-win recommendation.

Mr. Vice Chairman, I have no further statements here, but again

I applaud the leadership and the testimony of Chairman Steele and

Councilwoman Janis.

Senator INOUYE. I thank you very much, sir. If I may just bring

Hawaii into the picture, whenever we have conditions where we

consider the water being a bit polluted or unsafe, we invite Government workers to swim there. [Laughter.]

If they are not willing to swim there, then something must be

wrong. I think we should invite the Department of the Interior to

swim there.

Mr. STEELE. We should ask Mr. Mooney to come to Pine Ridge

next week. [Laughter.]

With that, I thank you very much, sir. We will do our very best.

Mr. STEELE. Thank you very much.

Senator INOUYE. The meeting is adjourned.

[Whereupon, at 2:57 p.m. the committee was adjourned, to reconvene at the call of the Chair.]

(29)

APPENDIX

ADDITIONAL MATERIAL SUBMITTED FOR THE RECORD

PREPARED STATEMENT OF ROSS MOONEY, ACTING DEPUTY DIRECTOR, OFFICE OF

TRUST SERVICES, BIA, DEPARTMENT OF THE INTERIOR, WASHINGTON, DC

Mr. Chairman, I am Ross Mooney, the acting deputy director for the Office of

Trust Services for the BIA. I am pleased to provide the Administration’s views on

S. 1996, the Oglala Sioux Tribe Angostura Irrigation Project Rehabilitation and Development Act. S. 1996 would enhance and provide certain project benefits for the

Oglala Sioux Tribe in connection with water conservation improvements on the Angostura Irrigation Project. The Administration cannot support the bill as it is currently written, and has several serious concerns, which I will discuss here today.

Title I of S. 1996 would authorize the Secretary to rehabilitate and improve the

facilities of the Angostura Project, a component of the multi-State Pick-Sloan Missouri Basin Program. Furthermore, title I would provide that the Secretary shall to

the maximum extent practicable, deliver water saved through the rehabilitation and

improvement of the facilities of the Angostura Project to the Pine Ridge Indian reservation, and provide that the use of that water be used for environmental restoration.

Title II of the bill would create a tribal development trust fund to promote economic development, infrastructure development, and the education, health, recreational, and social welfare objectives of the tribe and members of the tribe.

While the Administration recognizes that economic challenges that many tribes

in Indian country face, the establishment of a Trust Fund to address these issues

does not seem warranted at this time. The bill infers there ‘‘may’’ be impacts caused

by the development of Angostura. Unit of the Pick-Sloan Project, yet we are not

aware of what those specific impacts are. Unlike other legislative propositions regarding compensation for land impacted by the Pick-Sloan Project, no specific impacts have been cited here nor any evaluation of appropriate compensation completed. The Administration shares the concern of the Tribes about the need to improve economic, educational, and health systems on the reservation and will continue to work with the Tribe to seek solutions to promote these reforms.

In addition, title II establishes a trust fund without a specific dollar amount and

requires a retroactive annual interest payment on an unspecified amount to be deposited in the fund in the 11th year following enactment of S. 1996. We are concerned with the precedent that this may set.

The Administration is also concerned that the proposal would exclude all the

stakeholders, other than the Oglala Sioux Tribe, from the ongoing public process collaboratively developed during the Environmental Impact Statement [EIS] process to

recommend the most beneficial use of saved water. In addition, we do not support

the blanket authorization for such sums that may be necessary included in this bill.

In August 2002, the Bureau of Reclamation [Reclamation], in collaboration with

a host of stakeholders, completed and published the Final Environmental Impact

Statement [FEIS] for Contract Negotiation and Water Management of the Angostura Unit. The EIS was prepared in cooperation with:
30

• the Angostura Irrigation District;

• Oglala Sioux Tribe;

• Cheyenne River Sioux Tribe;

• Lower Brule Sioux Tribe;

• South Dakota Department of Game, Fish, and Parks;

• U.S. Geological Survey;

• U.S. Natural Resources Conservation Service;

• U.S. Bureau of Indian Affairs; and

• The South Dakota Department of Environment and Natural Resources.

In January 2003 the Record of Decision [ROD] was signed for renewal of a longterm water service contract for the Angostura Unit, Cheyenne River Basin, SD. Reclamation is concerned that provisions of title I are inconsistent with understandings

spelled out in the ROD that involved input from many key stakeholders. These provisions include the requirement that the Secretary deliver saved water for the purposes of environmental restoration on the Pine Ridge Indian Reservation, and the

finding that the Angostura Unit may be associated with negative effects on water

quality and riparian vegetation in the Cheyenne River on the reservation.

With regard to the authority in section 101 to carryout rehabilitation and improvement at the Angostura Project, Reclamation already has authority to undertake such work.

Mr. Chairman, while the Department cannot support S. 1996 as written, we share

the sponsors goal of finding innovative solutions for economic, education, health, recreational, and social welfare improvements on the reservation. Indeed, the Department has already committed significant resources to the ongoing construction of the

Mni Wiconi rural water project, which addresses many of the needs identified in

this legislation. The Department stands ready to work with the Tribe, the Committee, and the South Dakota delegation on these activities including examining if

there are quantifiable impacts caused by the Pick-Sloan project.
31
32
33
34
35
36
37
38
39
40
41Æ