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

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—

8 (1) under the Act of December 22, 1994, com9 monly known as the ‘‘Flood Control Act of 1994’’
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1 (58 Stat. 887, chapter 665; 33 U.S.C. 701–1 et

2 seq.) Congress approved the Pick-Sloan Missouri

3 River Basin program—

4 (A) to promote the general economic devel5 opment of the United States;

6 (B) to provide for irrigation above Sioux

7 City, Iowa;

8 (C) to protect urban and rural areas from

9 devastating floods of the Missouri River; and

10 (D) for other purposes;

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

12 major components of the Pick-Sloan Missouri River

13 Basin program, and contribute to the national econ14 omy by generating a substantial amount of hydro15 power and impounding a substantial quantity of

16 water;

17 (3) the Fort Randall and Big Bend projects

18 overlie the western boundary of the Lower Brule In19 dian Reservation, having inundated the fertile, wood20 ed bottom lands of the Tribe along the Missouri

21 River that constituted the most productive agricul22 tural and pastoral lands of the Lower Brule Sioux

23 Tribe and the homeland of the members of the

24 Tribe;
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1 (4) Public Law 85–923 (72 Stat. 1773 et seq.)

2 authorized the acquisition of 7,997 acres of Indian

3 land on the Lower Brule Indian Reservation for the

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

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

6 14,299 acres of Indian land on the Lower Brule In7 dian Reservation for the Big Bend project;

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

9 provided for the mitigation of the effects of the Fort

10 Randall and Big Bend projects on the Lower Brule

11 Indian Reservation, by directing the Secretary of the

12 Army to—

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

14 Bend project, protect, replace, relocate, or re15 construct—

16 (i) any essential governmental and

17 agency facilities on the reservation, includ18 ing schools, hospitals, offices of the Public

19 Health Service and the Bureau of Indian

20 Affairs, service buildings, and employee

21 quarters existing at the time that the

22 projects were carried out; and

23 (ii) roads, bridges, and incidental mat24 ters or facilities in connection with those

25 facilities;
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1 (B) provide for a townsite adequate for 50

2 homes, including streets and utilities (including

3 water, sewage, and electricity), taking into ac4 count the reasonable future growth of the town5 site; and

6 (C) provide for a community center con7 taining space and facilities for community gath8 erings, tribal offices, tribal council chamber, of9 fices of the Bureau of Indian Affairs, offices

10 and quarters of the Public Health Service, and

11 a combination gymnasium and auditorium;

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

13 (76 Stat. 698 et seq.) with respect to the mitigation

14 of the effects of the Fort Randall and Big Bend

15 projects on the Lower Brule Indian Reservation have

16 not been fulfilled;

17 (7) although the national economy has benefited

18 from the Fort Randall and Big Bend projects, the

19 economy on the Lower Brule Indian Reservation re20 mains underdeveloped, in part as a consequence of

21 the failure of the Federal Government to fulfill the

22 obligations of the Federal Government under the

23 laws referred to in paragraph (4);

24 (8) the economic and social development and

25 cultural preservation of the Lower Brule Sioux Tribe
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1 will be enhanced by increased tribal participation in

2 the benefits of the Fort Randall and Big Bend com3 ponents of the Pick-Sloan Missouri River Basin pro4 gram; and

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

6 additional benefits of the Pick-Sloan Missouri River

7 Basin program.

8 SEC. 3. DEFINITIONS.

9 In this Act:

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

11 Lower Brule Sioux Tribe Infrastructure Develop12 ment Trust Fund established under section 4(a).

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

14 for socioeconomic recovery and cultural preservation

15 prepared under section 5.

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

17 the power program of the Pick-Sloan Missouri River

18 Basin program, administered by the Western Area

19 Power Administration.

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

21 the Secretary of the Interior.

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

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

24 Great Sioux Nation recognized by the United States

25 of America.
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1 SEC. 4. ESTABLISHMENT OF LOWER BRULE SIOUX TRIBE

2 INFRASTRUCTURE DEVELOPMENT TRUST

3 FUND.

4 (a) LOWER BRULE SIOUX TRIBE INFRASTRUCTURE

5 DEVELOPMENT TRUST FUND.—There is established in

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

7 as the ‘‘Lower Brule Sioux Tribe Infrastructure Develop8 ment Trust Fund’’.

9 (b) FUNDING.—Beginning with fiscal year imme10 diately following the fiscal year during which the aggre11 gate of the amounts deposited in the Crow Creek Sioux

12 Tribe Infrastructure Development Trust Fund is equal to

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

14 Sioux Tribe Infrastructure Development Trust Fund Act

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

16 thereafter, until such time as the aggregate of the

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

18 the Secretary of the Treasury shall deposit into the Fund

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

20 deposits to the Treasury of the United States for the pre21 ceding fiscal year from the Program.

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

23 shall invest the amounts deposited under subsection (b)

24 only in interest-bearing obligations of the United States

25 or in obligations guaranteed as to both principal and inter26 est by the United States.
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1 (d) PAYMENT OF INTEREST TO TRIBE.—

2 (1) ESTABLISHMENT OF ACCOUNT AND TRANS3 FER OF INTEREST.—The Secretary of the Treasury

4 shall, in accordance with this subsection, transfer

5 any interest that accrues on amounts deposited

6 under subsection (b) into a separate account estab7 lished by the Secretary of the Treasury in the Treas8 ury of the United States.

9 (2) PAYMENTS.—

10 (A) IN GENERAL.—Beginning with the fis11 cal year immediately following the fiscal year

12 during which the aggregate of the amounts de13 posited in the Fund is equal to the amount

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

15 year thereafter, all amounts transferred under

16 paragraph (1) shall be available, without fiscal

17 year limitation, to the Secretary of the Interior

18 for use in accordance with subparagraph (C).

19 (B) WITHDRAWAL AND TRANSFER OF

20 FUNDS.—For each fiscal year specified in sub21 paragraph (A), the Secretary of the Treasury

22 shall withdraw amounts from the account estab23 lished under paragraph (1) and transfer such

24 amounts to the Secretary of the Interior for use
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1 in accordance with subparagraph (C). The Sec2 retary of the Treasury may only withdraw

3 funds from the account for the purpose speci4 fied in this paragraph.

5 (C) PAYMENTS TO TRIBE.—The Secretary

6 of the Interior shall use the amounts trans7 ferred under subparagraph (B) only for the

8 purpose of making payments to the Tribe.

9 (D) USE OF PAYMENTS BY TRIBE.—The

10 Tribe shall use the payments made under sub11 paragraph (C) only for carrying out projects

12 and programs pursuant to the plan prepared

13 under section 5.

14 (3) PROHIBITION ON PER CAPITA PAYMENTS.—

15 No portion of any payment made under this sub16 section may be distributed to any member of the

17 Tribe on a per capita basis.

18 (e) TRANSFERS AND WITHDRAWALS.—Except as

19 provided in subsection (d)(1), the Secretary of the Treas20 ury may not transfer or withdraw any amount deposited

21 under subsection (b).

22 SEC. 5. PLAN FOR SOCIOECONOMIC RECOVERY AND CUL23 TURAL PRESERVATION.

24 (a) PLAN.—
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1 (1) IN GENERAL.—The Tribe shall, not later

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

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

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

5 plan, the Tribe shall consult with the Secretary of

6 the Interior and the Secretary of Health and Human

7 Services.

8 (2) REQUIREMENTS FOR PLAN COMPONENTS.—

9 The plan shall, with respect to each component of

10 the plan—

11 (A) identify the costs and benefits of that

12 component; and

13 (B) provide plans for that component.

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

15 following programs and components:

16 (1) EDUCATIONAL FACILITY.—The plan shall

17 provide for an educational facility to be located on

18 the Lower Brule Indian Reservation.

19 (2) COMPREHENSIVE INPATIENT AND OUT20 PATIENT HEALTH CARE FACILITY.—The plan shall

21 provide for a comprehensive inpatient and outpatient

22 health care facility to provide essential services that

23 the Secretary of Health and Human Services, in

24 consultation with the individuals and entities re25 ferred to in subsection (a)(1), determines to be—
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1 (A) needed; and

2 (B) unavailable through facilities of the In3 dian Health Service on the Lower Brule Indian

4 Reservation in existence at the time of the de5 termination.

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

7 for the construction, operation, and maintenance of

8 a municipal, rural, and industrial water system for

9 the Lower Brule Indian Reservation.

10 (4) RECREATIONAL FACILITIES.—The plan

11 shall provide for recreational facilities suitable for

12 high-density recreation at Lake Sharpe at Big Bend

13 Dam and at other locations on the Lower Brule In14 dian Reservation in South Dakota.

15 (5) OTHER PROJECTS AND PROGRAMS.—The

16 plan shall provide for such other projects and pro17 grams for the educational, social welfare, economic

18 development, and cultural preservation of the Tribe

19 as the Tribe considers to be appropriate.

20 SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

21 There are authorized to be appropriated such funds

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

23 funds as may be necessary to cover the administrative ex24 penses of the Fund.
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1 SEC. 7. EFFECT OF PAYMENTS TO TRIBE.

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

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

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

5 law—

6 (1) the Tribe is otherwise entitled because of

7 the status of the Tribe as a federally recognized In8 dian tribe; or

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

10 is entitled because of the status of the individual as

11 a member of the Tribe.

12 (b) EXEMPTIONS; STATUTORY CONSTRUCTION.—

13 (1) POWER RATES.—No payment made pursu14 ant to this Act shall affect Pick-Sloan Missouri

15 River Basin power rates.

16 (2) STATUTORY CONSTRUCTION.—Nothing in

17 this Act may be construed as diminishing or affect18 ing—

19 (A) any right of the Tribe that is not oth20 erwise addressed in this Act; or

21 (B) any treaty obligation of the United

22 States.

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