I

104TH CONGRESS

1ST SESSION H. R. 2512

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

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,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Crow Creek Sioux

5 Tribe Infrastructure Development Trust Fund Act of

6 1995’’.

7 SEC. 2. FINDINGS.

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

9 (1) the Congress approved the Missouri River

10 basin Pick-Sloan project by passing the Act of De-
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1 cember 22, 1944, commonly known as the ‘‘Flood

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

3 U.S.C. 701–1 et seq.)—

4 (A) to promote the general economic devel5 opment of the United States;

6 (B) to provide for irrigation above Sioux

7 City, Iowa;

8 (C) to protect urban and rural areas from

9 devastating floods of the Missouri River; and

10 (D) for other purposes;

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

12 major components of the Pick-Sloan project, and

13 contribute to the national economy by generating a

14 substantial amount of hydropower and impounding a

15 substantial quantity of water;

16 (3) the Fort Randall and Big Bend projects

17 overlie the western boundary of the Crow Creek In18 dian Reservation, having inundated the fertile, wood19 ed bottom lands of the Tribe along the Missouri

20 River that constituted the most productive agricul21 tural and pastoral lands of the Tribe and the home22 land of the members of the Tribe;

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

24 authorized the acquisition of 9,418 acres of Indian

25 land on the Crow Creek Indian Reservation for the
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1 Fort Randall project and Public Law 87–735 (76

2 Stat. 704 et seq.) authorized the acquisition of

3 6,179 acres of Indian land on Crow Creek for the

4 Big Bend project;

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

6 provided for the mitigation of the effects of the Fort

7 Randall and Big Bend projects on the Crow Creek

8 Indian Reservation, by directing the Secretary of the

9 Army to—

10 (A) replace, relocate, or reconstruct—

11 (i) any existing essential governmental

12 and agency facilities on the reservation, in13 cluding schools, hospitals, offices of the

14 Public Health Service and the Bureau of

15 Indian Affairs, service buildings, and em16 ployee quarters; and

17 (ii) roads, bridges, and incidental mat18 ters or facilities in connection with such fa19 cilities;

20 (B) provide for a townsite adequate for 50

21 homes, including streets and utilities (including

22 water, sewage, and electricity), taking into ac23 count the reasonable future growth of the town24 site; and
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1 (C) provide for a community center con2 taining space and facilities for community gath3 erings, tribal offices, tribal council chamber, of4 fices of the Bureau of Indian Affairs, offices

5 and quarters of the Public Health Service, and

6 a combination gymnasium and auditorium;

7 (6) the Secretary of the Army and the Sec8 retary of the Interior have failed to meet the re9 quirements under Public Law 87–735 (76 Stat. 704

10 et seq.) with respect to the mitigation of the effects

11 of the Fort Randall and Big Bend projects on the

12 Crow Creek Indian Reservation;

13 (7) although the national economy has benefited

14 from the Fort Randall and Big Bend projects, the

15 economy on the Crow Creek Indian Reservation re16 mains underdeveloped, in part as a consequence of

17 the failure of the Federal Government to fulfill the

18 obligations of the Federal Government under the

19 laws referred to in paragraph (4);

20 (8) the economic and social development and

21 cultural preservation of the Crow Creek Sioux Tribe

22 will be enhanced by increased tribal participation in

23 the benefits of the Fort Randall and Big Bend com24 ponents of the Pick-Sloan project; and
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1 (9) the Crow Creek Sioux Tribe is entitled to

2 additional benefits of the Missouri River basin Pick3 Sloan project, including hydropower revenues and in4 frastructure development.

5 SEC. 3. DEFINITIONS.

6 For the purposes of this Act, unless the context im7 plies otherwise, the following definitions shall apply:

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

9 Creek Sioux Tribe Infrastructure Development

10 Trust Fund established under section 4(a).

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

12 for socioeconomic recovery and cultural preservation

13 prepared under section 5.

14 (3) PROGRAMS.—The term ‘‘Programs’’ means

15 the integrated programs of the Eastern Division of

16 the Missouri River basin Pick-Sloan program, ad17 ministered by the Western Area Power Administra18 tion, as determined by the Secretary.

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

20 the Secretary of the Interior.

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

22 Creek Sioux Tribe.
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1 SEC. 4. ESTABLISHMENT OF CROW CREEK SIOUX TRIBE IN2 FRASTRUCTURE DEVELOPMENT TRUST

3 FUND.

4 (a) CROW CREEK SIOUX TRIBE INFRASTRUCTURE

5 DEVELOPMENT TRUST FUND.—There is established in

6 the Treasury of the United States a fund to be known

7 as the ‘‘Crow Creek Sioux Tribe Infrastructure Develop8 ment Trust Fund’’.

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

10 for each fiscal year thereafter, until such time as the ag11 gregate of the amounts deposited in the Fund is equal to

12 $27,500,000, the Secretary of the Treasury shall deposit

13 into the Fund an amount equal to 25 percent of the re14 ceipts from the deposits to the Treasury of the United

15 States for the preceding fiscal year from the Programs.

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

17 shall invest the amounts deposited under subsection (b)

18 only in interest-bearing obligations of the United States

19 or in obligations guaranteed as to both principal and inter20 est by the United States.

21 (d) PAYMENT OF INTEREST TO TRIBE.—

22 (1) ESTABLISHMENT OF ACCOUNT AND TRANS23 FER OF INTEREST.—The Secretary of the Treasury

24 shall, in accordance with this subsection, transfer

25 any interest that accrues on amounts deposited

26 under subsection (b) into a separate account estab-
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1 lished by the Secretary of the Treasury in the Treas2 ury of the 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

8 specified in subsection (b)(2), and for each fis9 cal year thereafter, all amounts transferred

10 under paragraph (1) shall be available, without

11 fiscal year limitation, to the Secretary of the In12 terior for use in accordance with subparagraph

13 (C).

14 (B) WITHDRAWAL AND TRANSFER OF

15 FUNDS.—For each fiscal year specified in sub16 paragraph (A), the Secretary of the Treasury

17 shall withdraw amounts from the account estab18 lished under such paragraph and transfer such

19 amounts to the Secretary of the Interior for use

20 in accordance with subparagraph (C). The Sec21 retary of the Treasury may only withdraw

22 funds from the account for the purpose speci23 fied in this paragraph.

24 (C) PAYMENTS TO TRIBE.—The Secretary

25 of the Interior shall use the amounts trans-
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1 ferred to the Secretary under subparagraph (B)

2 only for the purpose of making payments to the

3 Tribe.

4 (D) USE OF PAYMENTS BY TRIBE.—The

5 Tribe shall use the payments made under sub6 paragraph (C) only for carrying out projects

7 and programs pursuant to the plan prepared

8 under section 5.

9 (3) PROHIBITION ON PER CAPITA PAYMENTS.—

10 No portion of any payment made under this sub11 section may be distributed to any member of the

12 Tribe on a per capita basis.

13 (e) TRANSFERS AND WITHDRAWALS.—

14 (1) AMOUNTS DEPOSITED IN THE FUND.—Ex15 cept as provided in subsection (d)(1), the Secretary

16 of the Treasury may not transfer or withdraw any

17 amount deposited under subsection (b).

18 (2) AMOUNTS TRANSFERRED TO ACCOUNT.—

19 Except as provided in subsection (d)(2), the Sec20 retary of the Treasury may not transfer or withdraw

21 any amounts transferred to the account established

22 under subsection (d)(1).

23 SEC. 5. PLAN FOR SOCIOECONOMIC RECOVERY AND CUL24 TURAL PRESERVATION.

25 (a) PLAN.—
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1 (1) IN GENERAL.—The Secretary of the Inte2 rior, acting through the Bureau of Indian Affairs, in

3 cooperation with the Secretary of Health and

4 Human Services, acting through the Indian Health

5 Service, and the Crow Creek Tribal Council, shall

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

7 Tribe under section 4(d)(2).

8 (2) REQUIREMENTS FOR PLAN COMPONENTS.—

9 The plan shall, with respect to each component of

10 the plan—

11 (A) identify the costs and benefits of that

12 component; and

13 (B) provide plans for that component.

14 (3) APPROVAL OF CROW CREEK TRIBAL COUN15 CIL.—The plan shall be subject to the approval of

16 the Crow Creek Tribal Council.

17 (4) SUBMITTAL TO CONGRESS.—Not later than

18 2 years after the date of enactment of this Act, the

19 Secretary shall submit the plan to Congress.

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

21 following programs and components:

22 (1) EDUCATIONAL FACILITY.—The plan shall

23 provide for an educational facility to be located on

24 the Crow Creek Indian Reservation.
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1 (2) COMPREHENSIVE INPATIENT AND OUT2 PATIENT HEALTH CARE FACILITY.—The plan shall

3 provide for a comprehensive inpatient and outpatient

4 health care facility to provide essential services that

5 the Secretary, in consultation with the individuals

6 and entities referred to in subsection (a)(1), deter7 mines to be—

8 (A) needed; and

9 (B) unavailable through existing facilities

10 of the Indian Health Service on the Crow Creek

11 Indian Reservation at the time of the deter12 mination.

13 (3) WATER SYSTEM.—The plan shall provide

14 for the construction, operation, and maintenance of

15 a municipal, rural, and industrial water system for

16 the Crow Creek Indian Reservation.

17 (4) IRRIGATION FACILITIES.—The plan shall

18 provide for irrigation facilities for not less than

19 1,792 acres.

20 (5) RECREATIONAL FACILITIES.—The plan

21 shall provide for recreational facilities suitable for

22 high-density recreation at Lake Sharpe at Big Bend

23 Dam in South Dakota.

24 (6) OTHER PROJECTS AND PROGRAMS.—The

25 plan shall provide for such other projects and pro-
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1 grams for the educational, social welfare, economic

2 development, and cultural preservation of the Tribe

3 as the Secretary, in consultation with the individuals

4 and entities referred to in subsection (a)(1), consid5 ers to be appropriate.

6 SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

7 There are authorized to be appropriated such funds

8 as may be necessary to carry out this Act, including such

9 funds as may be necessary to cover the administrative ex10 penses of the Crow Creek Sioux Tribe Infrastructure De11 velopment Trust Fund established under section 4.

12 SEC. 7. EFFECT OF PAYMENTS TO TRIBE.

13 (a) IN GENERAL.—No payment made to the Tribe

14 pursuant to this Act shall result in the reduction or denial

15 of any service or program to which, pursuant Federal

16 law—

17 (1) the Tribe is otherwise entitled because of

18 the status of the Tribe as a federally recognized In19 dian tribe; or

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

21 is entitled because of the status of the individual as

22 a member of the Tribe.

23 (b) EXEMPTIONS; STATUTORY CONSTRUCTION.—
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1 (1) POWER RATES.—No payment made pursu2 ant to this Act shall affect Missouri River basin

3 Pick-Sloan power rates.

4 (2) STATUTORY CONSTRUCTION.—Nothing in

5 this Act may be construed as diminishing or affect6 ing—

7 (A) any right of the Tribe that is not oth8 erwise addressed in this Act; or

9 (B) any treaty obligation of the United

10 States.

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