I 

111TH CONGRESS 

1ST SESSION H. R. 1562 

To provide compensation to the Lower Brule and Crow Creek Sioux Tribes 

of South Dakota for damage to tribal land caused by Pick-Sloan projects 

along the Missouri River. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 17, 2009 

Ms. HERSETH SANDLIN introduced the following bill; which was referred to 

the Committee on Natural Resources 

A BILL 

To provide compensation to the Lower Brule and Crow Creek 

Sioux Tribes of South Dakota for damage to tribal land 

caused by Pick-Sloan projects along the Missouri River. 

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 ‘‘Lower Brule and Crow 

5 Creek Tribal Compensation Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds that— 

8 (1) the Pick-Sloan Missouri River Basin Pro9 gram (authorized by section 9 of the Act of DecemVerDate Nov 24 2008 04:23 Mar 19, 2009 Jkt 079200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1562.IH H1562

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1 ber 22, 1944 (commonly known as the ‘‘Flood Con2 trol Act of 1944’’) (58 Stat. 891)), was approved to 

3 promote the general economic development of the 

4 United States; 

5 (2) the Fort Randall and Big Bend dam and 

6 reservoir projects in South Dakota— 

7 (A) are major components of the Pick8 Sloan Missouri River Basin Program; and 

9 (B) contribute to the national economy; 

10 (3) the Fort Randall and Big Bend projects in11 undated the fertile bottom land of the Lower Brule 

12 and Crow Creek Sioux Tribes, which greatly dam13 aged the economy and cultural resources of the 

14 Tribes; 

15 (4) Congress has provided compensation to sev16 eral Indian tribes, including the Lower Brule and 

17 Crow Creek Sioux Tribes, that border the Missouri 

18 River and suffered injury as a result of 1 or more 

19 Pick-Sloan Projects; 

20 (5) the compensation provided to those Indian 

21 tribes has not been consistent; 

22 (6) Missouri River Indian tribes that suffered 

23 injury as a result of 1 or more Pick-Sloan Projects 

24 should be adequately compensated for those injuries, 


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1 and that compensation should be consistent among 

2 the Tribes; and 

3 (7) the Lower Brule Sioux Tribe and the Crow 

4 Creek Sioux Tribe are entitled to receive additional 

5 compensation for injuries described in paragraph 

6 (6). 

7 SEC. 3. LOWER BRULE SIOUX TRIBE. 

8 Section 4(b) of the Lower Brule Sioux Tribe Infra9 structure Development Trust Fund Act (Public Law 105– 

10 132; 111 Stat. 2565) is amended by striking 

11 ‘‘$39,300,000’’ and inserting ‘‘$129,822,085’’. 

12 SEC. 4. CROW CREEK SIOUX TRIBE. 

13 Section 4(b) of the Crow Creek Sioux Tribe Infra14 structure Development Trust Fund Act of 1996 (Public 

15 Law 104–223; 110 Stat. 3027) is amended by striking 

16 ‘‘$27,500,000’’ and inserting ‘‘$69,222,084’’. 

17 SEC. 5. TREATMENT AS FINAL COMPENSATION. 

18 (a) FULL AND FINAL COMPENSATON.—This Act 

19 shall be considered to be full and final compensation to 

20 the Lower Brule Sioux Tribe and the Crow Creek Sioux 

21 Tribe for damages caused by construction of the Fort 

22 Randall Dam and the Big Bend Dam under the Pick23 Sloan Missouri River Basin Program. 

24 (b) RELINQUISHMENT OF FURTHER CLAIMS.—The 

25 Lower Brule Sioux Tribe and the Crow Creek Sioux Tribe 


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1 shall give up any further claim for compensation as a re2 sult of the Pick-Sloan Missouri River Basin Program. 

3 (c) NO PRECEDENT.—The provisions of this Act, 

4 growing out of the unique history of the Missouri River 

5 Basin Program, shall not be considered as a precedent for 

6 any non-Missouri River Basin Program Indian Tribe in 

7 any claim they might make against the United States of 

8 America. 

9 SEC. 6. DEFINITION. 

10 A ‘‘non-Missouri River Basin Program Indian Tribe’’ 

11 means any Indian Tribe, recognized by the Department 

12 of the Interior, that does not border the Missouri River. 

Æ 


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