II 

Calendar No. 1089 

110TH CONGRESS 

2D SESSION S. 160 

[Report No. 110–505] 

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

which was read twice and referred to the Committee on Indian Affairs 

SEPTEMBER 25 (legislative day, SEPTEMBER 17), 2008 

Reported by Mr. DORGAN, without amendment 

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’’. 


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1 SEC. 2. FINDINGS. 

2 Congress finds that— 

3 (1) the Pick-Sloan Missouri River Basin Pro4 gram (authorized by section 9 of the Act of Decem5 ber 22, 1944 (commonly known as the ‘‘Flood Con6 trol Act of 1944’’) (58 Stat. 891)), was approved to 

7 promote the general economic development of the 

8 United States; 

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

10 reservoir projects in South Dakota— 

11 (A) are major components of the Pick12 Sloan Missouri River Basin Program; and 

13 (B) contribute to the national economy; 

14 (3) the Fort Randall and Big Bend projects in15 undated the fertile bottom land of the Lower Brule 

16 and Crow Creek Sioux Tribes, which greatly dam17 aged the economy and cultural resources of the 

18 Tribes; 

19 (4) Congress has provided compensation to sev20 eral Indian tribes, including the Lower Brule and 

21 Crow Creek Sioux Tribes, that border the Missouri 

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

23 Pick-Sloan Projects; 

24 (5) the compensation provided to those Indian 

25 tribes has not been consistent; 


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1 (6) Missouri River Indian tribes that suffered 

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

3 should be adequately compensated for those injuries, 

4 and that compensation should be consistent among 

5 the Tribes; and 

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

7 Creek Sioux Tribe are entitled to receive additional 

8 compensation for injuries described in paragraph 

9 (6). 

10 SEC. 3. LOWER BRULE SIOUX TRIBE. 

11 Section 4(b) of the Lower Brule Sioux Tribe Infra12 structure Development Trust Fund Act (Public Law 105– 

13 132; 111 Stat. 2565) is amended by striking 

14 ‘‘$39,300,000’’ and inserting ‘‘$129,822,085’’. 

15 SEC. 4. CROW CREEK SIOUX TRIBE. 

16 Section 4(b) of the Crow Creek Sioux Tribe Infra17 structure Development Trust Fund Act of 1996 (Public 

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

19 ‘‘$27,500,000’’ and inserting ‘‘$69,222,084’’. 

20 SEC. 5. TREATMENT AS FINAL COMPENSATION. 

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

22 shall be considered to be full and final compensation to 

23 the Lower Brule Sioux Tribe and the Crow Creek Sioux 

24 Tribe for damages caused by construction of the Fort 


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1 Randall Dam and the Big Bend Dam under the Pick2 Sloan Missouri River Basin Program. 

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

4 Brule Sioux Tribe and the Crow Creek Sioux Tribe shall 

5 release any further claim for compensation as a result of 

6 the Pick-Sloan Missouri River Basin Program. 

7 (c) NO PRECEDENT FOR OTHER TRIBES.— 

8 (1) DEFINITION OF NON-MISSOURI RIVER BASIN

9 PROGRAM INDIAN TRIBE.—In this paragraph, the 

10 term ‘‘non-Missouri River Basin Program Indian 

11 tribe’’ means any federally recognized Indian tribe 

12 the land under the control of which does not border 

13 the Missouri River. 

14 (2) NO PRECEDENT.—This Act— 

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

16 Missouri River Basin Program; and 

17 (B) shall not be considered to be a prece18 dent for any non-Missouri River Basin Program 

19 Indian tribe with respect to any potential claim 

20 of the non-Missouri River Basin Program In21 dian tribe against the United States. 


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Calendar No. 1089 

110TH CONGRESS 

2D SESSION S. 160 

[Report No. 110–505] 

A BILL 

To provide compensation to the Lower Brule and 

projects along the Missouri River. damage to tribal land caused by Pick-Sloan Crow Creek Sioux Tribes of South Dakota for 

SEPTEMBER 25 (legislative day, SEPTEMBER 17), 2008 

Reported without amendment 


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