I 

109TH CONGRESS 

2D SESSION H. R. 5565 

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 HOUSE OF REPRESENTATIVES 

JUNE 8, 2006 

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

Committee on Resources 

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 Modernization and Develop6 ment Act’’. 

7 SEC. 2. FINDINGS. 

8 Congress finds as follows: 

9 (1) Congress approved the Pick-Sloan Missouri 

10 River Basin Program by passing the Act of DecemVerDate Aug 31 2005 02:29 Jun 10, 2006 Jkt 049200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H5565.IH H5565

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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 approximately 12,218 

15 acres of productive farm land in South Da16 kota; and 

17 (ii) substantial recreation and fish 

18 and wildlife benefits. 

19 (3) The Commissioner of Reclamation has de20 termined that— 

21 (A) the national economic development 

22 benefits from irrigation at the Angostura Unit 

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


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1 (B) the national economic development 

2 benefits of recreation at Angostura Reservoir 

3 total approximately $7,100,000 annually. 

4 (4) The Angostura Unit impounds the Chey5 enne River 20 miles upstream of the Pine Ridge In6 dian Reservation in South Dakota. 

7 (5) The Reservation experiences extremely high 

8 rates of unemployment and poverty. 

9 (6) There is a need for economic development 

10 on the Reservation. 

11 (7) The national economic development benefits 

12 of the Angostura Unit do not extend to the Reserva13 tion. 

14 (8) The Angostura Unit may be associated with 

15 negative effects on water quality and riparian vege16 tation in the Cheyenne River on the Reservation. 

17 (9) Modernization of the irrigation facilities at 

18 the Angostura Unit would— 

19 (A) enhance the national economic develop20 ment benefits of the Angostura Unit; and 

21 (B) result in improved water efficiency and 

22 environmental restoration benefits on the Res23 ervation. 

24 (10) The establishment of a trust fund for the 

25 Oglala Sioux tribe would— 


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1 (A) produce economic development benefits 

2 for the Reservation comparable to the benefits 

3 produced at the Angostura Unit; and 

4 (B) provide resources that are necessary 

5 for restoration of the Cheyenne River corridor 

6 on the Reservation. 

7 SEC. 3. DEFINITIONS. 

8 In this Act: 

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

10 Unit’’ means the irrigation unit of the Angostura ir11 rigation project developed under the Act of August 

12 11, 1939 (16 U.S.C. 590y et seq.). 

13 (2) FUND.—The term ‘‘Fund’’ means the Og14 lala Sioux Tribal Development Trust Fund estab15 lished by section 201(a). 

16 (3) PICK-SLOAN PROGRAM.—The term ‘‘Pick17 Sloan program’’ means the Pick-Sloan Missouri 

18 River basin program approved under the Act of De19 cember 22, 1944 (commonly known as the ‘‘Flood 

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

21 (4) PLAN.—The term ‘‘plan’’ means the devel22 opment plan developed by the Tribe under section 

23 201(f). 

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

25 means the Pine Ridge Indian Reservation. 


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

2 the Secretary of the Interior. 

3 (7) TRIBE.—The term ‘‘Tribe’’ means the Og4 lala Sioux Tribe of the Pine Ridge Indian Reserva5 tion. 

6 (8) TRIBAL COUNCIL.—The term ‘‘Tribal Coun7 cil’’ means the governing body of the Tribe. 

8 SEC. 4. MODERNIZATION. 

9 (a) MODERNIZATION OF FACILITIES AT ANGOSTURA

10 UNIT.— 

11 (1) IN GENERAL.—The Secretary shall carry 

12 out the modernization and improvement of the facili13 ties at the Angostura Unit as described in the Im14 proved Efficiencies Alternative included in the report 

15 titled ‘‘Final Environmental Impact Statement, An16 gostura Unit Contract Negotiation and Water Man17 agement (August 2002)’’. 

18 (2) NONREIMBURSABILITY.—The cost of the 

19 modernization and improvement of the facilities at 

20 the Angostura Unit shall be carried out on a non21 reimbursable basis. 

22 (b) DELIVERY OF WATER TO PINE RIDGE INDIAN

23 RESERVATION.—The Secretary shall provide for the deliv24 ery of the water saved through the modernization and im25 provement of the facilities of the Angostura Unit as an 


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1 instream flow of the Cheyenne River to be used for fish 

2 and wildlife purposes and environmental restoration on the 

3 Reservation. 

4 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

5 authorized to be appropriated to carry out subsection (a) 

6 $4,660,000, to remain available until expended. 

7 SEC. 5. DEVELOPMENT. 

8 (a) OGLALA SIOUX TRIBAL DEVELOPMENT TRUST

9 FUND.— 

10 (1) OGLALA SIOUX TRIBAL DEVELOPMENT

11 TRUST FUND.—There is established in the Treasury 

12 of the United States a fund to be known as the ‘‘Og13 lala Sioux Tribal Development Trust Fund,’’ con14 sisting of any amounts deposited in the Fund under 

15 this Act. 

16 (2) FUNDING.—Not later than the first day of 

17 the 11th fiscal year that begins after the date of en18 actment of this Act, the Secretary of the Treasury 

19 shall, from the General Fund of the Treasury, de20 posit in the Fund $92,500,000. 

21 (3) INVESTMENT OF TRUST FUND.— 

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

23 Treasury shall invest such portion of the Fund 

24 as is not, in the judgment of the Secretary of 


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1 the Treasury, required to meet current with2 drawals. 

3 (B) ELIGIBLE OBLIGATIONS.—Notwith4 standing any other provision of law, the Sec5 retary of the Treasury shall invest the amounts 

6 deposited under paragraph (2) and the interest 

7 earned on those amounts only in interest-bear8 ing obligations of the United States issued di9 rectly to the Fund. 

10 (C) INTEREST.—The Secretary of the 

11 Treasury shall deposit interest resulting from 

12 such investments into the Fund. 

13 (4) PAYMENT OF INTEREST TO TRIBE.— 

14 (A) WITHDRAWAL OF INTEREST.—On Oc15 tober 1st of each year, the Secretary of the 

16 Treasury shall transfer the aggregate amount 

17 of interest deposited into the Fund for the fis18 cal year to the Secretary for use in accordance 

19 with subparagraph (C). 

20 (B) AVAILABILITY.—Each amount trans21 ferred under subparagraph (A) shall be avail22 able without fiscal year limitation. 

23 (C) PAYMENTS TO TRIBE.— 

24 (i) IN GENERAL.—The Secretary of 

25 the Interior shall use the amounts transVerDate Aug 31 2005 02:29 Jun 10, 2006 Jkt 049200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H5565.IH H5565

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1 ferred under subparagraph (A) only for the 

2 purpose of making payments to the Tribe, 

3 as such payments are requested by the 

4 Tribe pursuant to tribal resolution. 

5 (ii) LIMITATION.—Payments may be 

6 made by the Secretary of the Interior 

7 under clause (i) only after the Tribe has 

8 adopted a plan under paragraph (6). 

9 (iii) USE OF PAYMENTS BY TRIBE.— 

10 The Tribe shall use the payments made 

11 under this subparagraph only for carrying 

12 out projects and programs under the plan 

13 prepared under paragraph (6). 

14 (5) LIMITATION ON TRANSFERS AND WITH15 DRAWALS.—Except as provided in paragraphs (3) 

16 and (4)(A), the Secretary of the Treasury shall not 

17 transfer or withdraw any amount deposited under 

18 paragraph (2). 

19 (6) DEVELOPMENT PLAN.— 

20 (A) IN GENERAL.—Not later than 18 

21 months after the date of enactment of this Act, 

22 the governing body of the Tribe shall prepare a 

23 plan for the use of the payments to the Tribe 

24 under paragraph (4). 


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1 (B) CONTENTS.—The plan shall provide 

2 for the manner in which the Tribe shall expend 

3 payments to the Tribe under paragraph (4) to 

4 promote— 

5 (i) economic development; 

6 (ii) infrastructure development; 

7 (iii) the educational, health, rec8 reational, and social welfare objectives of 

9 the Tribe and members of the Tribe; or 

10 (iv) any combination of the activities 

11 described in subparagraphs (A) through 

12 (C). 

13 (C) PLAN REVIEW AND REVISION.— 

14 (i) IN GENERAL.—The Tribal Council 

15 shall make available for review and com16 ment by the members of the Tribe a copy 

17 of the plan before the plan becomes final, 

18 in accordance with procedures established 

19 by the Tribal Council. 

20 (ii) UPDATING OF PLAN.— 

21 (I) IN GENERAL.—The Tribal 

22 Council may, on an annual basis, re23 vise the plan. 

24 (II) REVIEW AND COMMENT.—In 

25 revising the plan, the Tribal Council 


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1 shall provide the members of the 

2 Tribe opportunity to review and com3 ment on any proposed revision to the 

4 plan. 

5 (iii) CONSULTATION.—In preparing 

6 the plan and any revisions to the plan, the 

7 Tribal Council shall consult with the Sec8 retary and the Secretary of Health and 

9 Human Services. 

10 (D) AUDIT.— 

11 (i) IN GENERAL.—The activities of 

12 the Tribe in carrying out the plan shall be 

13 audited as part of the annual single-agency 

14 audit that the Tribe is required to prepare 

15 pursuant to the Office of Management and 

16 Budget circular numbered A–133. 

17 (ii) DETERMINATION BY AUDITORS.— 

18 The auditors that conduct the audit con19 ducted pursuant to this subparagraph 

20 shall— 

21 (I) determine whether funds re22 ceived by the Tribe under this section 

23 for the period covered by the audit 

24 conducted pursuant to this subpara25 graph were expended to carry out the 


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1 plan in a manner consistent with this 

2 section; and 

3 (II) include in the written find4 ings of the audit the determination 

5 made under clause (i). 

6 (iii) INCLUSION OF FINDINGS WITH

7 PUBLICATION OF PROCEEDINGS OF TRIBAL

8 COUNCIL.—A copy of the written findings 

9 of the audit conducted pursuant to this 

10 subparagraph shall be inserted in the pub11 lished minutes of the Tribal Council pro12 ceedings for the session at which the audit 

13 is presented to the Tribal Council. 

14 (7) PROHIBITION OF PER CAPITA PAYMENTS.— 

15 No portion of any payment made under this Act 

16 may be distributed to any member of the Tribe on 

17 a per capita basis. 

18 (b) ELIGIBILITY OF TRIBE FOR CERTAIN PROGRAMS

19 AND SERVICES.—No payment made to the Tribe under 

20 this Act shall result in the reduction or denial of any serv21 ice or program with respect to which, under Federal law— 

22 (1) the Tribe is otherwise entitled because of 

23 the status of the Tribe as a federally recognized In24 dian tribe; or 


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

2 is entitled because of the status of the individual as 

3 a member of the Tribe. 

4 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

5 are authorized to be appropriated such sums as are nec6 essary to pay the administrative expenses of the Fund. 

7 (d) DISCLAIMER OF EFFECTS.—Nothing in this Act 

8 affects— 

9 (1) the rights or claims of the Tribe under the 

10 Treaty of Fort Laramie of September 15, 1851 (11 

11 Stat. 749); 

12 (2) the rights or claims of the Tribe under the 

13 Treaty of Fort Laramie of April 29, 1868 (15 Stat. 

14 635); or 

15 (3) the reserved water rights of the Tribe under 

16 the principles of Winters v. United States (207 U.S. 

17 564 (1908)). 

Æ 


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