I

105TH CONGRESS

1ST SESSION S. 156

IN THE HOUSE OF REPRESENTATIVES

NOVEMBER 12, 1997

Referred to the Committee on Resources

AN ACT

To provide certain benefits of the Pick-Sloan Missouri River

Basin program to the Lower Brule 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 ‘‘Lower Brule Sioux

5 Tribe Infrastructure Development Trust Fund Act’’.
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1 SEC. 2. FINDINGS.

2 Congress finds that—

3 (1) under the Act of December 22, 1944, com4 monly known as the ‘‘Flood Control Act of 1944’’

5 (58 Stat. 887, chapter 665; 33 U.S.C. 701–1 et

6 seq.) Congress approved the Pick-Sloan Missouri

7 River Basin program—

8 (A) to promote the general economic devel9 opment of the United States;

10 (B) to provide for irrigation above Sioux

11 City, Iowa;

12 (C) to protect urban and rural areas from

13 devastating floods of the Missouri River; and

14 (D) for other purposes;

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

16 major components of the Pick-Sloan Missouri River

17 Basin program, and contribute to the national econ18 omy by generating a substantial amount of hydro19 power and impounding a substantial quantity of

20 water;

21 (3) the Fort Randall and Big Bend projects

22 overlie the eastern boundary of the Lower Brule In23 dian Reservation, having inundated the fertile, wood24 ed bottom lands of the Tribe along the Missouri

25 River that constituted the most productive agricul26 tural and pastoral lands of the Lower Brule Sioux
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1 Tribe and the homeland of the members of the

2 Tribe;

3 (4) Public Law 85–923 (72 Stat. 1773 et seq.)

4 authorized the acquisition of 7,997 acres of Indian

5 land on the Lower Brule Indian Reservation for the

6 Fort Randall project and Public Law 87–734 (76

7 Stat. 698 et seq.) authorized the acquisition of

8 14,299 acres of Indian land on the Lower Brule In9 dian Reservation for the Big Bend project;

10 (5) Public Law 87–734 (76 Stat. 698 et seq.)

11 provided for the mitigation of the effects of the Fort

12 Randall and Big Bend projects on the Lower Brule

13 Indian Reservation, by directing the Secretary of the

14 Army to—

15 (A) as necessary, by reason of the Big

16 Bend project, protect, replace, relocate, or re17 construct—

18 (i) any essential governmental and

19 agency facilities on the reservation, includ20 ing schools, hospitals, offices of the Public

21 Health Service and the Bureau of Indian

22 Affairs, service buildings, and employee

23 quarters existing at the time that the

24 projects were carried out; and
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1 (ii) roads, bridges, and incidental mat2 ters or facilities in connection with those

3 facilities;

4 (B) provide for a townsite adequate for 50

5 homes, including streets and utilities (including

6 water, sewage, and electricity), taking into ac7 count the reasonable future growth of the town8 site; and

9 (C) provide for a community center con10 taining space and facilities for community gath11 erings, tribal offices, tribal council chamber, of12 fices of the Bureau of Indian Affairs, offices

13 and quarters of the Public Health Service, and

14 a combination gymnasium and auditorium;

15 (6) the requirements under Public Law 87–734

16 (76 Stat. 698 et seq.) with respect to the mitigation

17 of the effects of the Fort Randall and Big Bend

18 projects on the Lower Brule Indian Reservation have

19 not been fulfilled;

20 (7) although the national economy has benefited

21 from the Fort Randall and Big Bend projects, the

22 economy on the Lower Brule Indian Reservation re23 mains underdeveloped, in part as a consequence of

24 the failure of the Federal Government to fulfill the
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1 obligations of the Federal Government under the

2 laws referred to in paragraph (4);

3 (8) the economic and social development and

4 cultural preservation of the Lower Brule Sioux Tribe

5 will be enhanced by increased tribal participation in

6 the benefits of the Fort Randall and Big Bend com7 ponents of the Pick-Sloan Missouri River Basin pro8 gram; and

9 (9) the Lower Brule Sioux Tribe is entitled to

10 additional benefits of the Pick-Sloan Missouri River

11 Basin program.

12 SEC. 3. DEFINITIONS.

13 In this Act:

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

15 Lower Brule Sioux Tribe Infrastructure Develop16 ment Trust Fund established under section 4(a).

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

18 for socioeconomic recovery and cultural preservation

19 prepared under section 5.

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

21 the power program of the Pick-Sloan Missouri River

22 Basin program, administered by the Western Area

23 Power Administration.

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

25 the Secretary of the Interior.
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1 (5) TRIBE.—The term ‘‘Tribe’’ means the

2 Lower Brule Sioux Tribe of Indians, a band of the

3 Great Sioux Nation recognized by the United States

4 of America.

5 SEC. 4. ESTABLISHMENT OF LOWER BRULE SIOUX TRIBE

6 INFRASTRUCTURE DEVELOPMENT TRUST

7 FUND.

8 (a) LOWER BRULE SIOUX TRIBE INFRASTRUCTURE

9 DEVELOPMENT TRUST FUND.—There is established in

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

11 as the ‘‘Lower Brule Sioux Tribe Infrastructure Develop12 ment Trust Fund’’.

13 (b) FUNDING.—Beginning with fiscal year 1998, and

14 for each fiscal year thereafter, until such time as the ag15 gregate of the amounts deposited in the Fund is equal to

16 $39,300,000, the Secretary of the Treasury shall deposit

17 into the Fund an amount equal to 25 percent of the re18 ceipts from the deposits to the Treasury of the United

19 States for the preceding fiscal year from the Program.

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

21 shall invest the amounts deposited under subsection (b)

22 only in interest-bearing obligations of the United States

23 or in obligations guaranteed as to both principal and inter24 est by the United States.

25 (d) PAYMENT OF INTEREST TO TRIBE.—
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1 (1) ESTABLISHMENT OF ACCOUNT AND TRANS2 FER OF INTEREST.—The Secretary of the Treasury

3 shall, in accordance with this subsection, transfer

4 any interest that accrues on amounts deposited

5 under subsection (b) into a separate account estab6 lished by the Secretary of the Treasury in the Treas7 ury of the United States.

8 (2) PAYMENTS.—

9 (A) IN GENERAL.—Beginning with the fis10 cal year immediately following the fiscal year

11 during which the aggregate of the amounts de12 posited in the Fund is equal to the amount

13 specified in subsection (b), and for each fiscal

14 year thereafter, all amounts transferred under

15 paragraph (1) shall be available, without fiscal

16 year limitation, to the Secretary of the Interior

17 for use in accordance with subparagraph (C).

18 (B) WITHDRAWAL AND TRANSFER OF

19 FUNDS.—For each fiscal year specified in sub20 paragraph (A), the Secretary of the Treasury

21 shall withdraw amounts from the account estab22 lished under paragraph (1) and transfer such

23 amounts to the Secretary of the Interior for use

24 in accordance with subparagraph (C). The Sec25 retary of the Treasury may only withdraw
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1 funds from the account for the purpose speci2 fied in this paragraph.

3 (C) PAYMENTS TO TRIBE.—The Secretary

4 of the Interior shall use the amounts trans5 ferred under subparagraph (B) only for the

6 purpose of making payments to the Tribe.

7 (D) USE OF PAYMENTS BY TRIBE.—The

8 Tribe shall use the payments made under sub9 paragraph (C) only for carrying out projects

10 and programs pursuant to the plan prepared

11 under section 5.

12 (3) PROHIBITION ON PER CAPITA PAYMENTS.—

13 No portion of any payment made under this sub14 section may be distributed to any member of the

15 Tribe on a per capita basis.

16 (e) TRANSFERS AND WITHDRAWALS.—Except as

17 provided in subsection (d)(1), the Secretary of the Treas18 ury may not transfer or withdraw any amount deposited

19 under subsection (b).

20 SEC. 5. PLAN FOR SOCIOECONOMIC RECOVERY AND CUL21 TURAL PRESERVATION.

22 (a) PLAN.—

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

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

25 prepare a plan for the use of the payments made to
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1 the Tribe under section 4(d)(2). In developing the

2 plan, the Tribe shall consult with the Secretary of

3 the Interior and the Secretary of Health and Human

4 Services.

5 (2) REQUIREMENTS FOR PLAN COMPONENTS.—

6 The plan shall, with respect to each component of

7 the plan—

8 (A) identify the costs and benefits of that

9 component; and

10 (B) provide plans for that component.

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

12 following programs and components:

13 (1) EDUCATIONAL FACILITY.—The plan shall

14 provide for an educational facility to be located on

15 the Lower Brule Indian Reservation.

16 (2) COMPREHENSIVE INPATIENT AND OUT17 PATIENT HEALTH CARE FACILITY.—The plan shall

18 provide for a comprehensive inpatient and outpatient

19 health care facility to provide essential services that

20 the Secretary of Health and Human Services, in

21 consultation with the individuals and entities re22 ferred to in subsection (a)(1), determines to be—

23 (A) needed; and

24 (B) unavailable through facilities of the In25 dian Health Service on the Lower Brule Indian
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1 Reservation in existence at the time of the de2 termination.

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

4 for the construction, operation, and maintenance of

5 a municipal, rural, and industrial water system for

6 the Lower Brule Indian Reservation.

7 (4) RECREATIONAL FACILITIES.—The plan

8 shall provide for recreational facilities suitable for

9 high-density recreation at Lake Sharpe at Big Bend

10 Dam and at other locations on the Lower Brule In11 dian Reservation in South Dakota.

12 (5) OTHER PROJECTS AND PROGRAMS.—The

13 plan shall provide for such other projects and pro14 grams for the educational, social welfare, economic

15 development, and cultural preservation of the Tribe

16 as the Tribe considers to be appropriate.

17 SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

18 There are authorized to be appropriated such funds

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

20 funds as may be necessary to cover the administrative ex21 penses of the Fund.

22 SEC. 7. EFFECT OF PAYMENTS TO TRIBE.

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

24 pursuant to this Act shall result in the reduction or denial
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1 of any service or program to which, pursuant to Federal

2 law—

3 (1) the Tribe is otherwise entitled because of

4 the status of the Tribe as a federally recognized In5 dian tribe; or

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

7 is entitled because of the status of the individual as

8 a member of the Tribe.

9 (b) EXEMPTIONS; STATUTORY CONSTRUCTION.—

10 (1) POWER RATES.—No payment made pursu11 ant to this Act shall affect Pick-Sloan Missouri

12 River Basin power rates.

13 (2) STATUTORY CONSTRUCTION.—Nothing in

14 this Act may be construed as diminishing or affect15 ing—

16 (A) any right of the Tribe that is not oth17 erwise addressed in this Act; or

18 (B) any treaty obligation of the United

19 States.

Passed the Senate November 9, 1997.

Attest: GARY SISCO,

Secretary.