II 

110TH CONGRESS 

1ST SESSION S. 160 

To provide compensation to the Lower Brule and Crow Creek Sioux Tribes 

of South Dakota for damage to tribal land caused by Pick-Sloan projects 

along the Missouri River. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 4, 2007 

Mr. THUNE introduced the following bill; which was read twice and referred 

to the Committee on Indian Affairs 

A BILL 

To provide compensation to the Lower Brule and Crow Creek 

Sioux Tribes of South Dakota for damage to tribal land 

caused by Pick-Sloan projects along the Missouri River. 

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 and Crow 

5 Creek Tribal Compensation Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds that— 

8 (1) the Pick-Sloan Missouri River Basin Pro9 gram (authorized by section 9 of the Act of DecemVerDate Aug 31 2005 07:34 Jan 10, 2007 Jkt 059200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S160.IS S160

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•S 160 IS

1 ber 22, 1944 (commonly known as the ‘‘Flood Con2 trol Act of 1944’’) (58 Stat. 891)), was approved to 

3 promote the general economic development of the 

4 United States; 

5 (2) the Fort Randall and Big Bend dam and 

6 reservoir projects in South Dakota— 

7 (A) are major components of the Pick8 Sloan Missouri River Basin Program; and 

9 (B) contribute to the national economy; 

10 (3) the Fort Randall and Big Bend projects in11 undated the fertile bottom land of the Lower Brule 

12 and Crow Creek Sioux Tribes, which greatly dam13 aged the economy and cultural resources of the 

14 Tribes; 

15 (4) Congress has provided compensation to sev16 eral Indian tribes, including the Lower Brule and 

17 Crow Creek Sioux Tribes, that border the Missouri 

18 River and suffered injury as a result of 1 or more 

19 Pick-Sloan Projects; 

20 (5) the compensation provided to those Indian 

21 tribes has not been consistent; 

22 (6) Missouri River Indian tribes that suffered 

23 injury as a result of 1 or more Pick-Sloan Projects 

24 should be adequately compensated for those injuries, 


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1 and that compensation should be consistent among 

2 the Tribes; and 

3 (7) the Lower Brule Sioux Tribe and the Crow 

4 Creek Sioux Tribe are entitled to receive additional 

5 compensation for injuries described in paragraph 

6 (6). 

7 SEC. 3. LOWER BRULE SIOUX TRIBE. 

8 Section 4(b) of the Lower Brule Sioux Tribe Infra9 structure Development Trust Fund Act (Public Law 105– 

10 132; 111 Stat. 2565) is amended by striking 

11 ‘‘$39,300,000’’ and inserting ‘‘$129,822,085’’. 

12 SEC. 4. CROW CREEK SIOUX TRIBE. 

13 Section 4(b) of the Crow Creek Sioux Tribe Infra14 structure Development Trust Fund Act of 1996 (Public 

15 Law 104–223; 110 Stat. 3027) is amended by striking 

16 ‘‘$27,500,000’’ and inserting ‘‘$69,222,084’’. 

17 SEC. 5. TREATMENT AS FINAL COMPENSATION. 

18 (a) FULL AND FINAL COMPENSATION.—This Act 

19 shall be considered to be full and final compensation to 

20 the Lower Brule Sioux Tribe and the Crow Creek Sioux 

21 Tribe for damages caused by construction of the Fort 

22 Randall Dam and the Big Bend Dam under the Pick23 Sloan Missouri River Basin Program. 

24 (b) RELEASE OF FURTHER CLAIMS.—The Lower 

25 Brule Sioux Tribe and the Crow Creek Sioux Tribe shall 


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1 release any further claim for compensation as a result of 

2 the Pick-Sloan Missouri River Basin Program. 

3 (c) NO PRECEDENT FOR OTHER TRIBES.— 

4 (1) DEFINITION OF NON-MISSOURI RIVER BASIN

5 PROGRAM INDIAN TRIBE.—In this paragraph, the 

6 term ‘‘non-Missouri River Basin Program Indian 

7 tribe’’ means any federally recognized Indian tribe 

8 the land under the control of which does not border 

9 the Missouri River. 

10 (2) NO PRECEDENT.—This Act— 

11 (A) is a result of the unique history of the 

12 Missouri River Basin Program; and 

13 (B) shall not be considered to be a prece14 dent for any non-Missouri River Basin Program 

15 Indian tribe with respect to any potential claim 

16 of the non-Missouri River Basin Program In17 dian tribe against the United States. 

Æ 


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