Union Calendar No. 410

104TH CONGRESS

2D SESSION H. R. 2512

[Report No. 104–765]

A BILL

To provide for certain benefits of the Missouri

Sioux Tribe, and for other purposes.River basin Pick-Sloan project to the Crow Creek

SEPTEMBER 4, 1996

Reported with amendments, committed to the Committee

dered to be printedof the Whole House on the State of the Union, and or-
IB

Union Calendar No. 410

104TH CONGRESS

2D SESSION H. R. 2512

[Report No. 104–765]

To provide for certain benefits of the Missouri River basin Pick-Sloan project

to the Crow Creek Sioux Tribe, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

OCTOBER 19, 1995

Mr. JOHNSON of South Dakota introduced the following bill; which was

referred to the Committee on Resources

SEPTEMBER 4, 1996

Reported with amendments, committed to the Committee of the Whole House

on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on October 19, 1995]

A BILL

To provide for certain benefits of the Missouri River basin

Pick-Sloan project to the Crow Creek Sioux Tribe, and

for other purposes.

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

2 This Act may be cited as the ‘‘Crow Creek Sioux Tribe

3 Infrastructure Development Trust Fund Act of 1996’’.

4 SEC. 2. FINDINGS.

5 (a) FINDINGS.—The Congress finds that—

6 (1) the Congress approved the Pick-Sloan Mis7 souri River basin program by passing the Act of De8 cember 22, 1944, commonly known as the ‘‘Flood

9 Control Act of 1944’’ (58 Stat. 887, chapter 665; 33

10 U.S.C. 701–1 et seq.)—

11 (A) to promote the general economic devel12 opment of the United States;

13 (B) to provide for irrigation above Sioux

14 City, Iowa;

15 (C) to protect urban and rural areas from

16 devastating floods of the Missouri River; and

17 (D) for other purposes;

18 (2) the Fort Randall and Big Bend projects are

19 major components of the Pick-Sloan program, and

20 contribute to the national economy by generating a

21 substantial amount of hydropower and impounding a

22 substantial quantity of water;

23 (3) the Fort Randall and Big Bend projects over24 lie the western boundary of the Crow Creek Indian

25 Reservation, having inundated the fertile, wooded bot26 tom lands of the Tribe along the Missouri River that
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1 constituted the most productive agricultural and pas2 toral lands of the Crow Creek Sioux Tribe and the

3 homeland of the members of the Tribe;

4 (4) Public Law 85–916 (72 Stat. 1766 et seq.)

5 authorized the acquisition of 9,418 acres of Indian

6 land on the Crow Creek Indian Reservation for the

7 Fort Randall project and Public Law 87–735 (76

8 Stat. 704 et seq.) authorized the acquisition of 6,179

9 acres of Indian land on Crow Creek for the Big Bend

10 project;

11 (5) Public Law 87–735 (76 Stat. 704 et seq.)

12 provided for the mitigation of the effects of the Fort

13 Randall and Big Bend projects on the Crow Creek In14 dian Reservation, by directing the Secretary of the

15 Army to—

16 (A) replace, relocate, or reconstruct—

17 (i) any existing essential governmental

18 and agency facilities on the reservation, in19 cluding schools, hospitals, offices of the Pub20 lic Health Service and the Bureau of In21 dian Affairs, service buildings, and em22 ployee quarters; and

23 (ii) roads, bridges, and incidental mat24 ters or facilities in connection with such fa25 cilities;
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1 (B) provide for a townsite adequate for 50

2 homes, including streets and utilities (including

3 water, sewage, and electricity), taking into ac4 count the reasonable future growth of the town5 site; and

6 (C) provide for a community center con7 taining space and facilities for community gath8 erings, tribal offices, tribal council chamber, of9 fices of the Bureau of Indian Affairs, offices and

10 quarters of the Public Health Service, and a

11 combination gymnasium and auditorium;

12 (6) the requirements under Public Law 87–735

13 (76 Stat. 704 et seq.) with respect to the mitigation

14 of the effects of the Fort Randall and Big Bend

15 projects on the Crow Creek Indian Reservation have

16 not been fulfilled;

17 (7) although the national economy has benefited

18 from the Fort Randall and Big Bend projects, the

19 economy on the Crow Creek Indian Reservation re20 mains underdeveloped, in part as a consequence of the

21 failure of the Federal Government to fulfill the obliga22 tions of the Federal Government under the laws re23 ferred to in paragraph (4);

24 (8) the economic and social development and cul25 tural preservation of the Crow Creek Sioux Tribe will
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1 be enhanced by increased tribal participation in the

2 benefits of the Fort Randall and Big Bend compo3 nents of the Pick-Sloan program; and

4 (9) the Crow Creek Sioux Tribe is entitled to ad5 ditional benefits of the Pick-Sloan Missouri River

6 basin program.

7 SEC. 3. DEFINITIONS.

8 For the purposes of this Act, the following definitions

9 shall apply:

10 (1) FUND.—The term ‘‘Fund’’ means the Crow

11 Creek Sioux Tribe Infrastructure Development Trust

12 Fund established under section 4(a).

13 (2) PLAN.—The term ‘‘plan’’ means the plan for

14 socioeconomic recovery and cultural preservation pre15 pared under section 5.

16 (3) PROGRAM.—The term ‘‘Program’’ means the

17 power program of the Pick-Sloan Missouri River

18 basin program, administered by the Western Area

19 Power Administration.

20 (4) SECRETARY.—The term ‘‘Secretary’’ means

21 the Secretary of the Interior.

22 (5) TRIBE.—The term ‘‘Tribe’’ means the Crow

23 Creek Sioux Tribe of Indians, a band of the Great

24 Sioux Nation recognized by the United States of

25 America.
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1 SEC. 4. ESTABLISHMENT OF CROW CREEK SIOUX TRIBE IN2 FRASTRUCTURE DEVELOPMENT TRUST FUND.

3 (a) CROW CREEK SIOUX TRIBE INFRASTRUCTURE DE4 VELOPMENT TRUST FUND.—There is established in the

5 Treasury of the United States a fund to be known as the

6 ‘‘Crow Creek Sioux Tribe Infrastructure Development Trust

7 Fund’’.

8 (b) FUNDING.—Beginning with fiscal year 1997, and

9 for each fiscal year thereafter, until such time as the aggre10 gate of the amounts deposited in the Fund is equal to

11 $27,500,000, the Secretary of the Treasury shall deposit

12 into the Fund an amount equal to 25 percent of the receipts

13 from the deposits to the Treasury of the United States for

14 the preceding fiscal year from the Program.

15 (c) INVESTMENTS.—The Secretary of the Treasury

16 shall invest the amounts deposited under subsection (b) only

17 in interest-bearing obligations of the United States or in

18 obligations guaranteed as to both principal and interest by

19 the United States.

20 (d) PAYMENT OF INTEREST TO TRIBE.—

21 (1) ESTABLISHMENT OF ACCOUNT AND TRANS22 FER OF INTEREST.—The Secretary of the Treasury

23 shall, in accordance with this subsection, transfer any

24 interest that accrues on amounts deposited under sub25 section (b) into a separate account established by the
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1 Secretary of the Treasury in the Treasury of the

2 United States.

3 (2) PAYMENTS.—

4 (A) IN GENERAL.—Beginning with the fis5 cal year immediately following the fiscal year

6 during which the aggregate of the amounts de7 posited in the Fund is equal to the amount speci8 fied in subsection (b), and for each fiscal year

9 thereafter, all amounts transferred under para10 graph (1) shall be available, without fiscal year

11 limitation, to the Secretary of the Interior for

12 use in accordance with subparagraph (C).

13 (B) WITHDRAWAL AND TRANSFER OF

14 FUNDS.—For each fiscal year specified in sub15 paragraph (A), the Secretary of the Treasury

16 shall withdraw amounts from the account estab17 lished under such paragraph and transfer such

18 amounts to the Secretary of the Interior for use

19 in accordance with subparagraph (C). The Sec20 retary of the Treasury may only withdraw funds

21 from the account for the purpose specified in this

22 paragraph.

23 (C) PAYMENTS TO TRIBE.—The Secretary of

24 the Interior shall use the amounts transferred
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1 under subparagraph (B) only for the purpose of

2 making payments to the Tribe.

3 (D) USE OF PAYMENTS BY TRIBE.—The

4 Tribe shall use the payments made under sub5 paragraph (C) only for carrying out projects and

6 programs pursuant to the plan prepared under

7 section 5.

8 (3) PROHIBITION ON PER CAPITA PAYMENTS.—

9 No portion of any payment made under this sub10 section may be distributed to any member of the Tribe

11 on a per capita basis.

12 (e) TRANSFERS AND WITHDRAWALS.—Except as pro13 vided in subsection (d)(1), the Secretary of the Treasury

14 may not transfer or withdraw any amount deposited under

15 subsection (b).

16 SEC. 5. PLAN FOR SOCIOECONOMIC RECOVERY AND CUL17 TURAL PRESERVATION.

18 (a) PLAN.—

19 (1) IN GENERAL.—The Tribe shall, not later

20 than 2 years after the date of enactment of this Act,

21 prepare a plan for the use of the payments made to

22 the Tribe under section 4(d)(2). In developing the

23 plan, the Tribe shall consult with the Secretary of the

24 Interior and the Secretary of Health and Human

25 Services.
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1 (2) REQUIREMENTS FOR PLAN COMPONENTS.—

2 The plan shall, with respect to each component of the

3 plan—

4 (A) identify the costs and benefits of that

5 component; and

6 (B) provide plans for that component.

7 (b) CONTENT OF PLAN.—The plan shall include the

8 following programs and components:

9 (1) EDUCATIONAL FACILITY.—The plan shall

10 provide for an educational facility to be located on

11 the Crow Creek Indian Reservation.

12 (2) COMPREHENSIVE INPATIENT AND OUT13 PATIENT HEALTH CARE FACILITY.—The plan shall

14 provide for a comprehensive inpatient and outpatient

15 health care facility to provide essential services that

16 the Secretary of Health and Human Services, in con17 sultation with the individuals and entities referred to

18 in subsection (a)(1), determines to be—

19 (A) needed; and

20 (B) unavailable through existing facilities of

21 the Indian Health Service on the Crow Creek In22 dian Reservation at the time of the determina23 tion.

24 (3) WATER SYSTEM.—The plan shall provide for

25 the construction, operation, and maintenance of a
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1 municipal, rural, and industrial water system for the

2 Crow Creek Indian Reservation.

3 (4) RECREATIONAL FACILITIES.—The plan shall

4 provide for recreational facilities suitable for high5 density recreation at Lake Sharpe at Big Bend Dam

6 and at other locations on the Crow Creek Indian Res7 ervation in South Dakota.

8 (5) OTHER PROJECTS AND PROGRAMS.—The

9 plan shall provide for such other projects and pro10 grams for the educational, social welfare, economic

11 development, and cultural preservation of the Tribe as

12 the Tribe considers to be appropriate.

13 SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

14 There are authorized to be appropriated such funds as

15 may be necessary to carry out this Act, including such

16 funds as may be necessary to cover the administrative ex17 penses of the Crow Creek Sioux Tribe Infrastructure Devel18 opment Trust Fund established under section 4.

19 SEC. 7. EFFECT OF PAYMENTS TO TRIBE.

20 (a) IN GENERAL.—No payment made to the Tribe pur21 suant to this Act shall result in the reduction or denial of

22 any service or program to which, pursuant to Federal

23 law—
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1 (1) the Tribe is otherwise entitled because of the

2 status of the Tribe as a federally recognized Indian

3 tribe; or

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

5 is entitled because of the status of the individual as

6 a member of the Tribe.

7 (b) EXEMPTIONS; STATUTORY CONSTRUCTION.—

8 (1) POWER RATES.—No payment made pursuant

9 to this Act shall affect Pick-Sloan Missouri River

10 basin power rates.

11 (2) STATUTORY CONSTRUCTION.—Nothing in this

12 Act may be construed as diminishing or affecting—

13 (A) any right of the Tribe that is not other14 wise addressed in this Act; or

15 (B) any treaty obligation of the United

16 States.

Amend the title so as to read: ‘‘A bill to provide for

certain benefits of the Pick-Sloan Missouri River basin

program to the Crow Creek Sioux Tribe, and for other

purposes.’’.