II

105TH CONGRESS

1ST SESSION S. 156

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

MAY 21, 1997

Committee discharged; ordered referred to the Committee on Indian Affairs

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,

3 SECTION 1. SHORT TITLE.

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

5 Tribe Infrastructure Development Trust Fund Act’’.

6 SEC. 2. FINDINGS.

7 Congress finds that—
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1 (1) under the Act of December 22, 1994, com2 monly known as the ‘‘Flood Control Act of 1994’’

3 (58 Stat. 887, chapter 665; 33 U.S.C. 701–1 et

4 seq.) Congress approved the Pick-Sloan Missouri

5 River Basin program—

6 (A) to promote the general economic devel7 opment of the United States;

8 (B) to provide for irrigation above Sioux

9 City, Iowa;

10 (C) to protect urban and rural areas from

11 devastating floods of the Missouri River; and

12 (D) for other purposes;

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

14 major components of the Pick-Sloan Missouri River

15 Basin program, and contribute to the national econ16 omy by generating a substantial amount of hydro17 power and impounding a substantial quantity of

18 water;

19 (3) the Fort Randall and Big Bend projects

20 overlie the western boundary of the Lower Brule In21 dian Reservation, having inundated the fertile, wood22 ed bottom lands of the Tribe along the Missouri

23 River that constituted the most productive agricul24 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 imme14 diately following the fiscal year during which the aggre15 gate of the amounts deposited in the Crow Creek Sioux

16 Tribe Infrastructure Development Trust Fund is equal to

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

18 Sioux Tribe Infrastructure Development Trust Fund Act

19 of 1996 (110 Stat. 3026 et seq.), and for each fiscal year

20 thereafter, until such time as the aggregate of the

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

22 the Secretary of the Treasury shall deposit into the Fund

23 an amount equal to 25 percent of the receipts from the

24 deposits to the Treasury of the United States for the pre25 ceding fiscal year from the Program.
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1 (c) INVESTMENTS.—The Secretary of the Treasury

2 shall invest the amounts deposited under subsection (b)

3 only in interest-bearing obligations of the United States

4 or in obligations guaranteed as to both principal and inter5 est by the United States.

6 (d) PAYMENT OF INTEREST TO TRIBE.—

7 (1) ESTABLISHMENT OF ACCOUNT AND TRANS8 FER OF INTEREST.—The Secretary of the Treasury

9 shall, in accordance with this subsection, transfer

10 any interest that accrues on amounts deposited

11 under subsection (b) into a separate account estab12 lished by the Secretary of the Treasury in the Treas13 ury of the United States.

14 (2) PAYMENTS.—

15 (A) IN GENERAL.—Beginning with the fis16 cal year immediately following the fiscal year

17 during which the aggregate of the amounts de18 posited in the Fund is equal to the amount

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

20 year thereafter, all amounts transferred under

21 paragraph (1) shall be available, without fiscal

22 year limitation, to the Secretary of the Interior

23 for use in accordance with subparagraph (C).

24 (B) WITHDRAWAL AND TRANSFER OF

25 FUNDS.—For each fiscal year specified in sub-
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1 paragraph (A), the Secretary of the Treasury

2 shall withdraw amounts from the account estab3 lished under paragraph (1) and transfer such

4 amounts to the Secretary of the Interior for use

5 in accordance with subparagraph (C). The Sec6 retary of the Treasury may only withdraw

7 funds from the account for the purpose speci8 fied in this paragraph.

9 (C) PAYMENTS TO TRIBE.—The Secretary

10 of the Interior shall use the amounts trans11 ferred under subparagraph (B) only for the

12 purpose of making payments to the Tribe.

13 (D) USE OF PAYMENTS BY TRIBE.—The

14 Tribe shall use the payments made under sub15 paragraph (C) only for carrying out projects

16 and programs pursuant to the plan prepared

17 under section 5.

18 (3) PROHIBITION ON PER CAPITA PAYMENTS.—

19 No portion of any payment made under this sub20 section may be distributed to any member of the

21 Tribe on a per capita basis.

22 (e) TRANSFERS AND WITHDRAWALS.—Except as

23 provided in subsection (d)(1), the Secretary of the Treas24 ury may not transfer or withdraw any amount deposited

25 under subsection (b).
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1 SEC. 5. PLAN FOR SOCIOECONOMIC RECOVERY AND CUL2 TURAL PRESERVATION.

3 (a) PLAN.—

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

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

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

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

8 plan, the Tribe shall consult with the Secretary of

9 the Interior and the Secretary of Health and Human

10 Services.

11 (2) REQUIREMENTS FOR PLAN COMPONENTS.—

12 The plan shall, with respect to each component of

13 the plan—

14 (A) identify the costs and benefits of that

15 component; and

16 (B) provide plans for that component.

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

18 following programs and components:

19 (1) EDUCATIONAL FACILITY.—The plan shall

20 provide for an educational facility to be located on

21 the Lower Brule Indian Reservation.

22 (2) COMPREHENSIVE INPATIENT AND OUT23 PATIENT HEALTH CARE FACILITY.—The plan shall

24 provide for a comprehensive inpatient and outpatient

25 health care facility to provide essential services that

26 the Secretary of Health and Human Services, in
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1 consultation with the individuals and entities re2 ferred to in subsection (a)(1), determines to be—

3 (A) needed; and

4 (B) unavailable through facilities of the In5 dian Health Service on the Lower Brule Indian

6 Reservation in existence at the time of the de7 termination.

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

9 for the construction, operation, and maintenance of

10 a municipal, rural, and industrial water system for

11 the Lower Brule Indian Reservation.

12 (4) RECREATIONAL FACILITIES.—The plan

13 shall provide for recreational facilities suitable for

14 high-density recreation at Lake Sharpe at Big Bend

15 Dam and at other locations on the Lower Brule In16 dian Reservation in South Dakota.

17 (5) OTHER PROJECTS AND PROGRAMS.—The

18 plan shall provide for such other projects and pro19 grams for the educational, social welfare, economic

20 development, and cultural preservation of the Tribe

21 as the Tribe considers to be appropriate.

22 SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

23 There are authorized to be appropriated such funds

24 as may be necessary to carry out this Act, including such
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1 funds as may be necessary to cover the administrative ex2 penses of the Fund.

3 SEC. 7. EFFECT OF PAYMENTS TO TRIBE.

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

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

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

7 law—

8 (1) the Tribe is otherwise entitled because of

9 the status of the Tribe as a federally recognized In10 dian tribe; or

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

12 is entitled because of the status of the individual as

13 a member of the Tribe.

14 (b) EXEMPTIONS; STATUTORY CONSTRUCTION.—

15 (1) POWER RATES.—No payment made pursu16 ant to this Act shall affect Pick-Sloan Missouri

17 River Basin power rates.

18 (2) STATUTORY CONSTRUCTION.—Nothing in

19 this Act may be construed as diminishing or affect20 ing—

21 (A) any right of the Tribe that is not oth22 erwise addressed in this Act; or

23 (B) any treaty obligation of the United

24 States.

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