108TH CONGRESS

2D SESSION S. 1996

AN ACT

To enhance and provide to the Oglala Sioux Tribe and Angostura Irrigation Project certain benefits of the PickSloan Missouri River basin program.

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 ‘‘Oglala Sioux Tribe

5 Angostura Irrigation Project Modernization and Develop6 ment Act’’.
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1 SEC. 2. FINDINGS.

2 Congress finds that—

3 (1) Congress approved the Pick-Sloan Missouri

4 River basin program by passing the Act of Decem5 ber 22, 1944 (commonly known as the ‘‘Flood Con6 trol Act of 1944’’) (33 U.S.C. 701–1 et seq.)—

7 (A) to promote the economic development

8 of the United States;

9 (B) to provide for irrigation in regions

10 north of Sioux City, Iowa;

11 (C) to protect urban and rural areas from

12 devastating floods of the Missouri River; and

13 (D) for other purposes;

14 (2) the Angostura Unit—

15 (A) is a component of the Pick-Sloan pro16 gram; and

17 (B) provides for—

18 (i) irrigation of 12,218 acres of pro19 ductive farm land in South Dakota; and

20 (ii) substantial recreation and fish

21 and wildlife benefits;

22 (3) the Commissioner of Reclamation has deter23 mined that—

24 (A) the national economic development

25 benefits from irrigation at the Angostura Unit

26 total approximately $3,410,000 annually; and
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1 (B) the national economic development

2 benefits of recreation at Angostura Reservoir

3 total approximately $7,100,000 annually;

4 (4) the Angostura Unit impounds the Cheyenne

5 River 20 miles upstream of the Pine Ridge Indian

6 Reservation in South Dakota;

7 (5)(A) the Reservation experiences extremely

8 high rates of unemployment and poverty; and

9 (B) there is a need for economic development

10 on the Reservation;

11 (6) the national economic development benefits

12 of the Angostura Unit do not extend to the Reserva13 tion;

14 (7) the Angostura Unit may be associated with

15 negative affects on water quality and riparian vege16 tation in the Cheyenne River on the Reservation;

17 (8) modernization of the irrigation facilities at

18 the Angostura Unit would—

19 (A) enhance the national economic develop20 ment benefits of the Angostura Unit; and

21 (B) result in improved water efficiency and

22 environmental restoration benefits on the Res23 ervation; and

24 (9) the establishment of a trust fund for the

25 Oglala Sioux Tribe would—
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1 (A) produce economic development benefits

2 for the Reservation comparable to the benefits

3 produced at the Angostura Unit; and

4 (B) provide resources that are necessary

5 for restoration of the Cheyenne River corridor

6 on the Reservation.

7 SEC. 3. DEFINITIONS.

8 In this Act:

9 (1) ANGOSTURA UNIT.—The term ‘‘Angostura

10 Unit’’ means the irrigation unit of the Angostura ir11 rigation project developed under the Act of August

12 11, 1939 (16 U.S.C. 590y et seq.).

13 (2) FUND.—The term ‘‘Fund’’ means the Og14 lala Sioux Tribal Development Trust Fund estab15 lished by section 201(a).

16 (3) PICK-SLOAN PROGRAM.—The term ‘‘Pick17 Sloan program’’ means the Pick-Sloan Missouri

18 River basin program approved under the Act of De19 cember 22, 1944 (commonly known as the ‘‘Flood

20 Control Act of 1944’’) (33 U.S.C. 701–1 et seq.).

21 (4) PLAN.—The term ‘‘plan’’ means the devel22 opment plan developed by the Tribe under section

23 201(f).
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1 (5) RESERVATION.—The term ‘‘Reservation’’

2 means the Pine Ridge Indian Reservation in the

3 State.

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

5 the Secretary of the Interior.

6 (7) TRIBE.—The term ‘‘Tribe’’ means the Og7 lala Sioux Tribe of South Dakota.

8 (8) TRIBAL COUNCIL.—The term ‘‘Tribal Coun9 cil’’ means the governing body of the Tribe.

10 TITLE I—MODERNIZATION

11 SEC. 101. MODERNIZATION OF FACILITIES AT ANGOSTURA

12 UNIT.

13 (a) IN GENERAL.—The Secretary shall carry out the

14 modernization and improvement of the facilities at the An15 gostura Unit as described in the Improved Efficiencies Al16 ternative included in the report entitled ‘‘Final Environ17 mental Impact Statement, Angostura Unit Contract Nego18 tiation and Water Management (August 2002)’’.

19 (b) NONREIMBURSABILITY.—The cost of the mod20 ernization and improvement of the facilities at the Angos21 tura Unit shall be carried out on a nonreimbursable basis.

22 SEC. 102. DELIVERY OF WATER TO PINE RIDGE INDIAN

23 RESERVATION.

24 The Secretary shall provide for the delivery of the

25 water saved through the modernization and improvement
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1 of the facilities of the Angostura Unit to be used for fish

2 and wildlife purposes and environmental restoration on the

3 Reservation.

4 SEC. 103. AUTHORIZATION OF APPROPRIATIONS.

5 There is authorized to be appropriated to carry out

6 section 101 $4,660,000, to remain available until ex7 pended.

8 TITLE II—DEVELOPMENT

9 SEC. 201. OGLALA SIOUX TRIBAL DEVELOPMENT TRUST

10 FUND.

11 (a) OGLALA SIOUX TRIBAL DEVELOPMENT TRUST

12 FUND.—There is established in the Treasury of the

13 United States a fund to be known as the ‘‘Oglala Sioux

14 Tribal Development Trust Fund’’, consisting of any

15 amounts deposited in the Fund under this title.

16 (b) FUNDING.—On the first day of the 11th fiscal

17 year that begins after the date of enactment of this Act,

18 the Secretary of the Treasury shall, from the General

19 Fund of the Treasury, deposit in the Fund—

20 (1) $92,500,000; and

21 (2) the amount that equals the amount of inter22 est that would have accrued on the amount de23 scribed in paragraph (1) if that amount had been in24 vested in interest-bearing obligations of the United

25 States on the first day of the first fiscal year that
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1 begins after the date of enactment of this Act and

2 compounded annually thereafter.

3 (c) INVESTMENT OF TRUST FUND.—

4 (1) IN GENERAL.—The Secretary of the Treas5 ury shall invest such portion of the Fund as is not,

6 in the judgment of the Secretary of the Treasury,

7 required to meet current withdrawals.

8 (2) ELIGIBLE OBLIGATIONS.—Notwithstanding

9 any other provision of law, the Secretary of the

10 Treasury shall invest the amounts deposited under

11 subsection (b) and the interest earned on those

12 amounts only in interest-bearing obligations of the

13 United States issued directly to the Fund.

14 (3) INTEREST.—The Secretary of the Treasury

15 shall deposit interest resulting from such invest16 ments into the Fund.

17 (d) PAYMENT OF INTEREST TO TRIBE.—

18 (1) WITHDRAWAL OF INTEREST.—Beginning on

19 the first day of the 11th fiscal year after the date

20 of enactment of this Act and, on the first day of

21 each fiscal year thereafter, the Secretary of the

22 Treasury shall transfer the aggregate amount of in23 terest deposited into the Fund for the fiscal year to

24 the Secretary for use in accordance with paragraph

25 (3).
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1 (2) AVAILABILITY.—Each amount transferred

2 under paragraph (1) shall be available without fiscal

3 year limitation.

4 (3) PAYMENTS TO TRIBE.—

5 (A) IN GENERAL.—The Secretary shall use

6 the amounts transferred under paragraph (1)

7 only for the purpose of making payments to the

8 Tribe, as such payments are requested by the

9 Tribe pursuant to tribal resolution.

10 (B) LIMITATION.—Payments may be made

11 by the Secretary of the Interior under subpara12 graph (A) only after the Tribe has adopted a

13 plan under subsection (f).

14 (C) USE OF PAYMENTS BY TRIBE.—The

15 Tribe shall use the payments made under sub16 paragraph (B) only for carrying out projects

17 and programs under the plan prepared under

18 subsection (f).

19 (e) LIMITATION ON TRANSFERS AND WITH20 DRAWALS.—Except as provided in subsections (c) and

21 (d)(1), the Secretary of the Treasury shall not transfer

22 or withdraw any amount deposited under subsection (b).

23 (f) DEVELOPMENT PLAN.—

24 (1) IN GENERAL.—Not later than 18 months

25 after the date of enactment of this Act, the gov-
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1 erning body of the Tribe shall prepare a plan for the

2 use of the payments to the Tribe under subsection

3 (d).

4 (2) CONTENTS.—The plan shall provide for the

5 manner in which the Tribe shall expend payments to

6 the Tribe under subsection (d) to promote—

7 (A) economic development;

8 (B) infrastructure development;

9 (C) the educational, health, recreational,

10 and social welfare objectives of the Tribe and

11 members of the Tribe; or

12 (D) any combination of the activities de13 scribed in subparagraphs (A) through (C).

14 (3) PLAN REVIEW AND REVISION.—

15 (A) IN GENERAL.—The Tribal Council

16 shall make available for review and comment by

17 the members of the Tribe a copy of the plan be18 fore the plan becomes final, in accordance with

19 procedures established by the Tribal Council.

20 (B) UPDATING OF PLAN.—

21 (i) IN GENERAL.—The Tribal Council

22 may, on an annual basis, revise the plan to

23 update the plan.

24 (ii) REVIEW AND COMMENT.—In re25 vising the plan, the Tribal Council shall
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1 provide the members of the Tribe oppor2 tunity to review and comment on any pro3 posed revision to the plan.

4 (C) CONSULTATION.—In preparing the

5 plan and any revisions to update the plan, the

6 Tribal Council shall consult with the Secretary

7 and the Secretary of Health and Human Serv8 ices.

9 (4) AUDIT.—

10 (A) IN GENERAL.—The activities of the

11 Tribe in carrying out the plan shall be audited

12 as part of the annual single-agency audit that

13 the Tribe is required to prepare pursuant to the

14 Office of Management and Budget circular

15 numbered A–133.

16 (B) DETERMINATION BY AUDITORS.—The

17 auditors that conduct the audit under subpara18 graph (A) shall—

19 (i) determine whether funds received

20 by the Tribe under this section for the pe21 riod covered by the audit were expended to

22 carry out the plan in a manner consistent

23 with this section; and
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1 (ii) include in the written findings of

2 the audit the determination made under

3 clause (i).

4 (C) INCLUSION OF FINDINGS WITH PUBLI5 CATION OF PROCEEDINGS OF TRIBAL COUN6 CIL.—A copy of the written findings of the

7 audit described in subparagraph (A) shall be in8 serted in the published minutes of the Tribal

9 Council proceedings for the session at which the

10 audit is presented to the Tribal Council.

11 (g) PROHIBITION OF PER CAPITA PAYMENTS.—No

12 portion of any payment made under this title may be dis13 tributed to any member of the Tribe on a per capita basis.

14 SEC. 202. ELIGIBILITY OF TRIBE FOR CERTAIN PROGRAMS

15 AND SERVICES.

16 No payment made to the Tribe under this title shall

17 result in the reduction or denial of any service or program

18 with respect to which, under Federal law—

19 (1) the Tribe is otherwise entitled because of

20 the status of the Tribe as a federally recognized In21 dian tribe; or

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

23 is entitled because of the status of the individual as

24 a member of the Tribe.
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1 SEC. 203. AUTHORIZATION OF APPROPRIATIONS.

2 There are authorized to be appropriated such sums

3 as are necessary to pay the administrative expenses of the

4 Fund.

5 SEC. 204. WATER RIGHTS.

6 Nothing in this Act—

7 (1)(A) affects any rights, benefits, privileges or

8 claims (including water rights or claims to water

9 rights) of the Tribe, whether located within or with10 out the external boundaries of the Reservation,

11 based on treaty, Executive order, agreement, Act of

12 Congress, aboriginal title, the Winters doctrine

13 (Winters v. United States, 207 U.S. 564 (1908)), or

14 otherwise; or

15 (B) validates or invalidates any assertion of the

16 existence, nonexistence or extinguishment of any

17 water rights, or claims to water rights, held by the

18 Tribe or any other Indian tribe or individual Indian

19 under Federal or State law; or
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1 (2) affects any other water rights in existence

2 on the date of enactment of this Act held by any

3 person or entity.

Passed the Senate November 19, 2004.

Attest:

Secretary.
108TH CONGRESS

2D SESSION S. 1996

AN ACT

To enhance and provide to the Oglala Sioux Tribe

and Angostura Irrigation Project certain benefitsof the Pick-Sloan Missouri River basin program.