Calendar No. 282

105TH CONGRESS

1ST SESSION S. 156

[Report No. 105–146]

A BILL

To provide certain benefits of the Pick-Sloan MisSioux Tribe, and for other purposes. souri River Basin program to the Lower Brule

NOVEMBER 8, 1997

Reported with amendments
II

Calendar No. 282

105TH CONGRESS

1ST SESSION S. 156

[Report No. 105–146]

To provide certain benefits of the Pick-Sloan Missouri River Basin program

to the Lower Brule Sioux Tribe, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JANUARY 21, 1997

Mr. DASCHLE (for himself and Mr. JOHNSON) introduced the following bill;

which was read twice and referred to the Committee on Energy and Natural Resources

MARCH 21, 1997

Committee discharged; ordered referred to the Committee on Indian Affairs

NOVEMBER 8, 1997

Reported by Mr. CAMPBELL, with amendments

[Omit the part struck through and insert the part printed in italic]

A BILL

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,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Lower Brule Sioux

3 Tribe Infrastructure Development Trust Fund Act’’.

4 SEC. 2. FINDINGS.

5 Congress finds that—

6 (1) under the Act of December 22, 1994 1944,

7 commonly known as the ‘‘Flood Control Act of 1994

8 1944’’ (58 Stat. 887, chapter 665; 33 U.S.C. 701–

9 1 et seq.) Congress approved the Pick-Sloan Mis10 souri River Basin program—

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 Missouri River

20 Basin program, and contribute to the national econ21 omy by generating a substantial amount of hydro22 power and impounding a substantial quantity of

23 water;

24 (3) the Fort Randall and Big Bend projects

25 overlie the western eastern boundary of the Lower

26 Brule Indian Reservation, having inundated the fer-
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1 tile, wooded bottom lands of the Tribe along the

2 Missouri River that constituted the most productive

3 agricultural and pastoral lands of the Lower Brule

4 Sioux Tribe and the homeland of the members of the

5 Tribe;

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

7 authorized the acquisition of 7,997 acres of Indian

8 land on the Lower Brule Indian Reservation for the

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

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

11 14,299 acres of Indian land on the Lower Brule In12 dian Reservation for the Big Bend project;

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

14 provided for the mitigation of the effects of the Fort

15 Randall and Big Bend projects on the Lower Brule

16 Indian Reservation, by directing the Secretary of the

17 Army to—

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

19 Bend project, protect, replace, relocate, or re20 construct—

21 (i) any essential governmental and

22 agency facilities on the reservation, includ23 ing schools, hospitals, offices of the Public

24 Health Service and the Bureau of Indian

25 Affairs, service buildings, and employee
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1 quarters existing at the time that the

2 projects were carried out; and

3 (ii) roads, bridges, and incidental mat4 ters or facilities in connection with those

5 facilities;

6 (B) provide for a townsite adequate for 50

7 homes, including streets and utilities (including

8 water, sewage, and electricity), taking into ac9 count the reasonable future growth of the town10 site; and

11 (C) provide for a community center con12 taining space and facilities for community gath13 erings, tribal offices, tribal council chamber, of14 fices of the Bureau of Indian Affairs, offices

15 and quarters of the Public Health Service, and

16 a combination gymnasium and auditorium;

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

18 (76 Stat. 698 et seq.) with respect to the mitigation

19 of the effects of the Fort Randall and Big Bend

20 projects on the Lower Brule Indian Reservation have

21 not been fulfilled;

22 (7) although the national economy has benefited

23 from the Fort Randall and Big Bend projects, the

24 economy on the Lower Brule Indian Reservation re25 mains underdeveloped, in part as a consequence of
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1 the failure of the Federal Government to fulfill the

2 obligations of the Federal Government under the

3 laws referred to in paragraph (4);

4 (8) the economic and social development and

5 cultural preservation of the Lower Brule Sioux Tribe

6 will be enhanced by increased tribal participation in

7 the benefits of the Fort Randall and Big Bend com8 ponents of the Pick-Sloan Missouri River Basin pro9 gram; and

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

11 additional benefits of the Pick-Sloan Missouri River

12 Basin program.

13 SEC. 3. DEFINITIONS.

14 In this Act:

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

16 Lower Brule Sioux Tribe Infrastructure Develop17 ment Trust Fund established under section 4(a).

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

19 for socioeconomic recovery and cultural preservation

20 prepared under section 5.

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

22 the power program of the Pick-Sloan Missouri River

23 Basin program, administered by the Western Area

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

2 the Secretary of the Interior.

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

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

5 Great Sioux Nation recognized by the United States

6 of America.

7 SEC. 4. ESTABLISHMENT OF LOWER BRULE SIOUX TRIBE

8 INFRASTRUCTURE DEVELOPMENT TRUST

9 FUND.

10 (a) LOWER BRULE SIOUX TRIBE INFRASTRUCTURE

11 DEVELOPMENT TRUST FUND.—There is established in

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

13 as the ‘‘Lower Brule Sioux Tribe Infrastructure Develop14 ment Trust Fund’’.

15 (b) FUNDING.—Beginning with fiscal year imme16 diately following the fiscal year during which the aggre17 gate of the amounts deposited in the Crow Creek Sioux

18 Tribe Infrastructure Development Trust Fund is equal to

19 the amount specified in section 4(b) of the Crow Creek

20 Sioux Tribe Infrastructure Development Trust Fund Act

21 of 1996 (110 Stat. 3026 et seq.) 1998, and for each fiscal

22 year thereafter, until such time as the aggregate of the

23 amounts deposited in the Fund is equal to $39,300,000,

24 the Secretary of the Treasury shall deposit into the Fund

25 an amount equal to 25 percent of the receipts from the
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1 deposits to the Treasury of the United States for the pre2 ceding fiscal year from the Program.

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

4 shall invest the amounts deposited under subsection (b)

5 only in interest-bearing obligations of the United States

6 or in obligations guaranteed as to both principal and inter7 est by the United States.

8 (d) PAYMENT OF INTEREST TO TRIBE.—

9 (1) ESTABLISHMENT OF ACCOUNT AND TRANS10 FER OF INTEREST.—The Secretary of the Treasury

11 shall, in accordance with this subsection, transfer

12 any interest that accrues on amounts deposited

13 under subsection (b) into a separate account estab14 lished by the Secretary of the Treasury in the Treas15 ury of the United States.

16 (2) PAYMENTS.—

17 (A) IN GENERAL.—Beginning with the fis18 cal year immediately following the fiscal year

19 during which the aggregate of the amounts de20 posited in the Fund is equal to the amount

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

22 year thereafter, all amounts transferred under

23 paragraph (1) shall be available, without fiscal

24 year limitation, to the Secretary of the Interior

25 for use in accordance with subparagraph (C).
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1 (B) WITHDRAWAL AND TRANSFER OF

2 FUNDS.—For each fiscal year specified in sub3 paragraph (A), the Secretary of the Treasury

4 shall withdraw amounts from the account estab5 lished under paragraph (1) and transfer such

6 amounts to the Secretary of the Interior for use

7 in accordance with subparagraph (C). The Sec8 retary of the Treasury may only withdraw

9 funds from the account for the purpose speci10 fied in this paragraph.

11 (C) PAYMENTS TO TRIBE.—The Secretary

12 of the Interior shall use the amounts trans13 ferred under subparagraph (B) only for the

14 purpose of making payments to the Tribe.

15 (D) USE OF PAYMENTS BY TRIBE.—The

16 Tribe shall use the payments made under sub17 paragraph (C) only for carrying out projects

18 and programs pursuant to the plan prepared

19 under section 5.

20 (3) PROHIBITION ON PER CAPITA PAYMENTS.—

21 No portion of any payment made under this sub22 section may be distributed to any member of the

23 Tribe on a per capita basis.

24 (e) TRANSFERS AND WITHDRAWALS.—Except as

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

2 under subsection (b).

3 SEC. 5. PLAN FOR SOCIOECONOMIC RECOVERY AND CUL4 TURAL PRESERVATION.

5 (a) PLAN.—

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

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

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

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

10 plan, the Tribe shall consult with the Secretary of

11 the Interior and the Secretary of Health and Human

12 Services.

13 (2) REQUIREMENTS FOR PLAN COMPONENTS.—

14 The plan shall, with respect to each component of

15 the plan—

16 (A) identify the costs and benefits of that

17 component; and

18 (B) provide plans for that component.

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

20 following programs and components:

21 (1) EDUCATIONAL FACILITY.—The plan shall

22 provide for an educational facility to be located on

23 the Lower Brule Indian Reservation.

24 (2) COMPREHENSIVE INPATIENT AND OUT25 PATIENT HEALTH CARE FACILITY.—The plan shall
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1 provide for a comprehensive inpatient and outpatient

2 health care facility to provide essential services that

3 the Secretary of Health and Human Services, in

4 consultation with the individuals and entities re5 ferred to in subsection (a)(1), determines to be—

6 (A) needed; and

7 (B) unavailable through facilities of the In8 dian Health Service on the Lower Brule Indian

9 Reservation in existence at the time of the de10 termination.

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

12 for the construction, operation, and maintenance of

13 a municipal, rural, and industrial water system for

14 the Lower Brule Indian Reservation.

15 (4) RECREATIONAL FACILITIES.—The plan

16 shall provide for recreational facilities suitable for

17 high-density recreation at Lake Sharpe at Big Bend

18 Dam and at other locations on the Lower Brule In19 dian Reservation in South Dakota.

20 (5) OTHER PROJECTS AND PROGRAMS.—The

21 plan shall provide for such other projects and pro22 grams for the educational, social welfare, economic

23 development, and cultural preservation of the Tribe

24 as the Tribe considers to be appropriate.
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1 SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

2 There are authorized to be appropriated such funds

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

4 funds as may be necessary to cover the administrative ex5 penses of the Fund.

6 SEC. 7. EFFECT OF PAYMENTS TO TRIBE.

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

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

9 of any service or program to which, pursuant to Federal

10 law—

11 (1) the Tribe is otherwise entitled because of

12 the status of the Tribe as a federally recognized In13 dian tribe; or

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

15 is entitled because of the status of the individual as

16 a member of the Tribe.

17 (b) EXEMPTIONS; STATUTORY CONSTRUCTION.—

18 (1) POWER RATES.—No payment made pursu19 ant to this Act shall affect Pick-Sloan Missouri

20 River Basin power rates.

21 (2) STATUTORY CONSTRUCTION.—Nothing in

22 this Act may be construed as diminishing or affect23 ing—

24 (A) any right of the Tribe that is not oth25 erwise addressed in this Act; or
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1 (B) any treaty obligation of the United

2 States.