II 

Calendar No. 654

108TH CONGRESS 

2D SESSION S. 1996

[Report No. 108–311] 

To enhance and provide to the Oglala Sioux Tribe and Angostura Irrigation 

Project certain benefits of the Pick-Sloan Missouri River basin program. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 9, 2003

Mr. DASCHLE (for himself, Mr. JOHNSON, and Mr. INOUYE) introduced the 

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

JULY 20, 2004

Reported by Mr. CAMPBELL, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL

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,
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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Oglala Sioux Tribe 

3 Angostura Irrigation Project Rehabilitation and Develop4 ment Act’’. 

5 SEC. 2. FINDINGS. 

6 Congress finds that—

7 (1) Congress approved the Pick-Sloan Missouri 

8 River basin program by passing the Act of Decem9 ber 22, 1944 (commonly known as the ‘‘Flood Con10 trol Act of 1944’’) (33 U.S.C. 701–1 et seq.)—

11 (A) to promote the economic development 

12 of the United States; 

13 (B) to provide for irrigation in regions 

14 north of Sioux City, Iowa; 

15 (C) to protect urban and rural areas from 

16 devastating floods of the Missouri River; and 

17 (D) for other purposes; 

18 (2) the Angostura Unit—

19 (A) is a component of the Pick-Sloan pro20 gram; and 

21 (B) provides for—

22 (i) irrigation of 12,218 acres of pro23 ductive farm land in the State; and 

24 (ii) substantial recreation and fish 

25 and wildlife benefits; 
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1 (3) the Commissioner of Reclamation has deter2 mined that—

3 (A) the national economic development 

4 benefits from irrigation at the Angostura Unit 

5 total approximately $3,410,000 annually; and 

6 (B) the national economic development 

7 benefits of recreation at Angostura Reservoir 

8 total approximately $7,100,000 annually; 

9 (4) the Angostura Unit impounds the Cheyenne 

10 River 20 miles upstream of the Pine Ridge Indian 

11 Reservation in the State; 

12 (5)(A) the Reservation experiences extremely 

13 high rates of unemployment and poverty; and 

14 (B) there is a need for economic development 

15 on the Reservation; 

16 (6) the national economic development benefits 

17 of the Angostura Unit do not extend to the Reserva18 tion; 

19 (7) the Angostura Unit may be associated with 

20 negative affects on water quality and riparian vege21 tation in the Cheyenne River on the Reservation; 

22 (8) rehabilitation of the irrigation facilities at 

23 the Angostura Unit would—

24 (A) enhance the national economic develop25 ment benefits of the Angostura Unit; and 
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1 (B) result in improved water efficiency and 

2 environmental restoration benefits on the Res3 ervation; and 

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

5 Oglala Sioux Tribe would—

6 (A) produce economic development benefits 

7 for the Reservation comparable to the benefits 

8 produced at the Angostura Unit; and 

9 (B) provide resources that are necessary 

10 for restoration of the Cheyenne River corridor 

11 on the Reservation. 

12 SEC. 3. DEFINITIONS. 

13 In this Act: 

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

15 Unit’’ means the irrigation unit of the Angostura ir16 rigation project developed under the Act of August 

17 11, 1939 (16 U.S.C. 590y et seq.). 

18 (2) FUND.—The term ‘‘Fund’’ means the Og19 lala Sioux Tribal Development Trust Fund estab20 lished by section 201(a). 

21 (3) PICK-SLOAN PROGRAM.—The term ‘‘Pick22 Sloan program’’ means the Pick-Sloan Missouri 

23 River basin program approved under the Act of De24 cember 22, 1944 (commonly known as the ‘‘Flood 

25 Control Act of 1944’’) (33 U.S.C. 701–1 et seq.). 
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1 (4) PLAN.—The term ‘‘plan’’ means the devel2 opment plan developed by the Tribe under section 

3 201(f). 

4 (5) RESERVATION.—The term ‘‘Reservation’’ 

5 means the Pine Ridge Indian Reservation in the 

6 State. 

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

8 the Secretary of the Interior.

9 (7) STATE.—The term ‘‘State’’ means the State 

10 of South Dakota. 

11 (8) TRIBAL COUNCIL.—The term ‘‘Tribal Coun12 cil’’ means the governing body of the Tribe. 

13 (9) TRIBE.—The term ‘‘Tribe’’ means the Og14 lala Sioux Tribe of South Dakota. 

15 TITLE I—REHABILITATION 

16 SEC. 101. REHABILITATION OF FACILITIES AT ANGOSTURA 

17 UNIT. 

18 The Secretary may carry out the rehabilitation and 

19 improvement of the facilities at the Angostura Project de20 scribed in the report entitled ‘‘Angostura Unit Contract 

21 Negotiation and Water Management Final Environmental 

22 Impact Statement’’, dated August 2002. 

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

24 RESERVATION. 

25 The Secretary shall provide for—
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1 (1) to the maximum extent practicable, the de2 livery of water saved through the rehabilitation and 

3 improvement of the facilities of the Angostura Unit 

4 to the Pine Ridge Indian Reservation; and 

5 (2) the use of that water for purposes of envi6 ronmental restoration on the Pine Ridge Indian Res7 ervation. 

8 SEC. 103. EFFECT ON OTHER LAW. 

9 Nothing in this title affects—

10 (1) any reserved water rights or other rights of 

11 the Tribe; 

12 (2) any service or program to which, in accord13 ance with Federal law, the Tribe, or an individual 

14 member of the Tribe, is entitled; or 

15 (3) any water rights in existence on the date of 

16 enactment of this Act held by any person or entity. 

17 SEC. 104. AUTHORIZATION OF APPROPRIATIONS. 

18 There is authorized to be appropriated such sums as 

19 are necessary to carry out this title, to remain available 

20 until expended. 

21 TITLE II—DEVELOPMENT 

22 SEC. 201. OGLALA SIOUX TRIBAL DEVELOPMENT TRUST 

23 FUND. 

24 (a) OGLALA SIOUX TRIBAL DEVELOPMENT TRUST

25 FUND.—There is established in the Treasury of the 
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1 United States a fund to be known as the ‘‘Oglala Sioux 

2 Tribal Development Trust Fund’’, consisting of any 

3 amounts deposited in the Fund under this title. 

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

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

6 the Secretary of the Treasury shall, from the General 

7 Fund of the Treasury, deposit in the Fund—

8 (1) such sums as the Secretary of the Treasury, 

9 in consultation with the Secretary, the Secretary of 

10 Health and Human Services, and the Tribal Council, 

11 are necessary to carry out development under this 

12 title; and 

13 (2) the amount that equals the amount of inter14 est that would have accrued on the amount de15 scribed in paragraph (1) if that amount had been in16 vested in interest-bearing obligations of the United 

17 States, or in obligations guaranteed as to both prin18 cipal and interest by the United States, on the first 

19 day of the first fiscal year that begins after the date 

20 of enactment of this Act and compounded annually 

21 thereafter. 

22 (c) INVESTMENT OF TRUST FUND.—

23 (1) IN GENERAL.—The Secretary of the Treas24 ury shall invest such portion of the Fund as is not, 
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1 in the judgment of the Secretary of the Treasury, 

2 required to meet current withdrawals. 

3 (2) ACQUISITION OF OBLIGATIONS.—Such in4 vestments may be made only in interest-bearing obli5 gations of the United States or in obligations guar6 anteed as to both principal and interest by the 

7 United States. 

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

9 shall deposit interest resulting from such invest10 ments into the Fund. 

11 (d) PAYMENT OF INTEREST TO TRIBE.—

12 (1) WITHDRAWAL OF INTEREST.—Beginning on 

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

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

15 each fiscal year thereafter, the Secretary of the 

16 Treasury shall transfer the aggregate amount of in17 terest deposited into the Fund for the fiscal year to 

18 the Secretary for use in accordance with paragraph 

19 (3). 

20 (2) AVAILABILITY.—Each amount transferred 

21 under paragraph (1) shall be available without fiscal 

22 year limitation. 

23 (3) PAYMENTS TO TRIBE.—

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

25 the amounts transferred under paragraph (1) 
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1 only for the purpose of making payments to the 

2 Tribe, as such payments are requested by the 

3 Tribe pursuant to tribal resolution. 

4 (B) LIMITATION.—Payments may be made 

5 by the Secretary of the Interior under subpara6 graph (A) only after the Tribe has adopted a 

7 plan under subsection (f).

8 (C) USE OF PAYMENTS BY TRIBE.—The 

9 Tribe shall use the payments made under sub10 paragraph (B) only for carrying out projects 

11 and programs under the plan prepared under 

12 subsection (f). 

13 (e) LIMITATION ON TRANSFERS AND WITH14 DRAWALS.—Except as provided in subsections (c) and 

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

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

17 (f) DEVELOPMENT PLAN.—

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

19 after the date of enactment of this Act, the gov20 erning body of the Tribe shall prepare a plan for the 

21 use of the payments to the Tribe under subsection 

22 (d). 

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

24 manner in which the Tribe shall expend payments to 

25 the Tribe under subsection (d) to promote—
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1 (A) economic development; 

2 (B) infrastructure development; 

3 (C) the educational, health, recreational, 

4 and social welfare objectives of the Tribe and 

5 members of the Tribe; or 

6 (D) any combination of the activities de7 scribed in subparagraphs (A) through (C). 

8 (3) PLAN REVIEW AND REVISION.—

9 (A) IN GENERAL.—The Tribal Council 

10 shall make available for review and comment by 

11 the members of the Tribe a copy of the plan be12 fore the plan becomes final, in accordance with 

13 procedures established by the Tribal Council. 

14 (B) UPDATING OF PLAN.—

15 (i) IN GENERAL.—The Tribal Council 

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

17 update the plan. 

18 (ii) REVIEW AND COMMENT.—In re19 vising the plan, the Tribal Council shall 

20 provide the members of the Tribe oppor21 tunity to review and comment on any pro22 posed revision to the plan. 

23 (C) CONSULTATION.—In preparing the 

24 plan and any revisions to update the plan, the 

25 Tribal Council shall consult with the Secretary 
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1 and the Secretary of Health and Human Serv2 ices. 

3 (4) AUDIT.—

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

5 Tribe in carrying out the plan shall be audited 

6 as part of the annual single-agency audit that 

7 the Tribe is required to prepare pursuant to the 

8 Office of Management and Budget circular 

9 numbered A–133. 

10 (B) DETERMINATION BY AUDITORS.—The 

11 auditors that conduct the audit under subpara12 graph (A) shall—

13 (i) determine whether funds received 

14 by the Tribe under this section for the pe15 riod covered by the audit were expended to 

16 carry out the plan in a manner consistent 

17 with this section; and 

18 (ii) include in the written findings of 

19 the audit the determination made under 

20 clause (i). 

21 (C) INCLUSION OF FINDINGS WITH PUBLI22 CATION OF PROCEEDINGS OF TRIBAL COUN23 CIL.—A copy of the written findings of the 

24 audit described in subparagraph (A) shall be in25 serted in the published minutes of the Tribal 
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1 Council proceedings for the session at which the 

2 audit is presented to the Tribal Council. 

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

4 portion of any payment made under this title may be dis5 tributed to any member of the Tribe on a per capita basis. 

6 SEC. 202. ELIGIBILITY OF TRIBE FOR CERTAIN PROGRAMS 

7 AND SERVICES. 

8 No payment made to the Tribe under this title shall 

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

10 with respect to which, under Federal law—

11 (1) the Tribe is otherwise entitled because of 

12 the status of the Tribe as a federally recognized In13 dian tribe; or 

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

15 is entitled because of the status of the individual as 

16 a member of the Tribe. 

17 SEC. 203. AUTHORIZATION OF APPROPRIATIONS. 

18 There are authorized to be appropriated such sums 

19 as are necessary to pay the administrative expenses of the 

20 Fund.

21 SECTION 1. SHORT TITLE. 

22 This Act may be cited as the ‘‘Oglala Sioux Tribe An23 gostura Irrigation Project Modernization and Development 

24 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 December 

5 22, 1944 (commonly known as the ‘‘Flood Control Act 

6 of 1944’’) (33 U.S.C. 701–1 et seq.)— 

7 (A) to promote the economic development of 

8 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 and 

21 wildlife benefits; 

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

24 (A) the national economic development ben25 efits from irrigation at the Angostura Unit total 

26 approximately $3,410,000 annually; and 
14

•S 1996 RS 

1 (B) the national economic development ben2 efits of recreation at Angostura Reservoir total 

3 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 on 

10 the Reservation; 

11 (6) the national economic development benefits of 

12 the Angostura Unit do not extend to the Reservation; 

13 (7) the Angostura Unit may be associated with 

14 negative affects on water quality and riparian vegeta15 tion in the Cheyenne River on the Reservation; 

16 (8) modernization of the irrigation facilities at 

17 the Angostura Unit would— 

18 (A) enhance the national economic develop19 ment benefits of the Angostura Unit; and 

20 (B) result in improved water efficiency and 

21 environmental restoration benefits on the Res22 ervation; and 

23 (9) the establishment of a trust fund for the Og24 lala Sioux Tribe would— 
15

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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 for 

5 restoration of the Cheyenne River corridor on the 

6 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 11, 

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

13 (2) FUND.—The term ‘‘Fund’’ means the Oglala 

14 Sioux Tribal Development Trust Fund established by 

15 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 develop22 ment 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 Oglala 

7 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 RES23 ERVATION. 

24 The Secretary shall provide for the delivery of the 

25 water saved through the modernization and improvement 
17

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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 expended. 

7 TITLE II—DEVELOPMENT 

8 SEC. 201. OGLALA SIOUX TRIBAL DEVELOPMENT TRUST 

9 FUND. 

10 (a) OGLALA SIOUX TRIBAL DEVELOPMENT TRUST

11 FUND.—There is established in the Treasury of the United 

12 States a fund to be known as the ‘‘Oglala Sioux Tribal De13 velopment Trust Fund’’, consisting of any amounts depos14 ited in the Fund under this title. 

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

16 that begins after the date of enactment of this Act, the Sec17 retary of the Treasury shall, from the General Fund of the 

18 Treasury, deposit in the Fund— 

19 (1) $92,500,000; and 

20 (2) the amount that equals the amount of inter21 est that would have accrued on the amount described 

22 in paragraph (1) if that amount had been invested in 

23 interest-bearing obligations of the United States on 

24 the first day of the first fiscal year that begins after
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1 the date of enactment of this Act and compounded 

2 annually thereafter. 

3 (c) INVESTMENT OF TRUST FUND.— 

4 (1) IN GENERAL.—The Secretary of the Treasury 

5 shall invest such portion of the Fund as is not, in the 

6 judgment of the Secretary of the Treasury, required to 

7 meet current withdrawals. 

8 (2) ELIGIBLE OBLIGATIONS.—Notwithstanding 

9 any other provision of law, the Secretary of the Treas10 ury shall invest the amounts deposited under sub11 section (b) and the interest earned on those amounts 

12 only in interest-bearing obligations of the United 

13 States issued directly to the Fund. 

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

15 shall deposit interest resulting from such investments 

16 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 of 

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

21 fiscal year thereafter, the Secretary of the Treasury 

22 shall transfer the aggregate amount of interest depos23 ited into the Fund for the fiscal year to the Secretary 

24 for use in accordance with paragraph (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 WITHDRAWALS.—

20 Except as provided in subsections (c) and (d)(1), the Sec21 retary of the Treasury shall not transfer or withdraw any 

22 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 governing 
20

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1 body of the Tribe shall prepare a plan for the use of 

2 the payments to the Tribe under subsection (d). 

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

4 manner in which the Tribe shall expend payments to 

5 the Tribe under subsection (d) to promote— 

6 (A) economic development; 

7 (B) infrastructure development; 

8 (C) the educational, health, recreational, 

9 and social welfare objectives of the Tribe and 

10 members of the Tribe; or 

11 (D) any combination of the activities de12 scribed in subparagraphs (A) through (C). 

13 (3) PLAN REVIEW AND REVISION.— 

14 (A) IN GENERAL.—The Tribal Council shall 

15 make available for review and comment by the 

16 members of the Tribe a copy of the plan before 

17 the plan becomes final, in accordance with proce18 dures established by the Tribal Council. 

19 (B) UPDATING OF PLAN.— 

20 (i) IN GENERAL.—The Tribal Council 

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

22 update the plan. 

23 (ii) REVIEW AND COMMENT.—In revis24 ing the plan, the Tribal Council shall pro25 vide the members of the Tribe opportunity 
21

•S 1996 RS 

1 to review and comment on any proposed re2 vision to the plan. 

3 (C) CONSULTATION.—In preparing the plan 

4 and any revisions to update the plan, the Tribal 

5 Council shall consult with the Secretary and the 

6 Secretary of Health and Human Services. 

7 (4) AUDIT.— 

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

9 Tribe in carrying out the plan shall be audited 

10 as part of the annual single-agency audit that 

11 the Tribe is required to prepare pursuant to the 

12 Office of Management and Budget circular num13 bered A–133. 

14 (B) DETERMINATION BY AUDITORS.—The 

15 auditors that conduct the audit under subpara16 graph (A) shall— 

17 (i) determine whether funds received by 

18 the Tribe under this section for the period 

19 covered by the audit were expended to carry 

20 out the plan in a manner consistent with 

21 this section; and 

22 (ii) include in the written findings of 

23 the audit the determination made under 

24 clause (i). 
22

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1 (C) INCLUSION OF FINDINGS WITH PUBLICA2 TION OF PROCEEDINGS OF TRIBAL COUNCIL.—A 

3 copy of the written findings of the audit de4 scribed in subparagraph (A) shall be inserted in 

5 the published minutes of the Tribal Council pro6 ceedings for the session at which the audit is pre7 sented to the Tribal Council. 

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

9 portion of any payment made under this title may be dis10 tributed to any member of the Tribe on a per capita basis. 

11 SEC. 202. ELIGIBILITY OF TRIBE FOR CERTAIN PROGRAMS 

12 AND SERVICES. 

13 No payment made to the Tribe under this title shall 

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

15 with respect to which, under Federal law— 

16 (1) the Tribe is otherwise entitled because of the 

17 status of the Tribe as a federally recognized Indian 

18 tribe; or 

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

20 is entitled because of the status of the individual as 

21 a member of the Tribe. 

22 SEC. 203. AUTHORIZATION OF APPROPRIATIONS. 

23 There are authorized to be appropriated such sums as 

24 are necessary to pay the administrative expenses of the 

25 Fund. 
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1 SEC. 204. WATER RIGHTS. 

2 Nothing in this Act— 

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

4 claims (including water rights or claims to water 

5 rights) of the Tribe, whether located within or without 

6 the external boundaries of the Reservation, based on 

7 treaty, Executive order, agreement, Act of Congress, 

8 aboriginal title, the Winters doctrine (Winters v. 

9 United States, 207 U.S. 564 (1908)), or otherwise; or 

10 (B) validates or invalidates any assertion of the 

11 existence, nonexistence or extinguishment of any 

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

13 Tribe or any other Indian tribe or individual Indian 

14 under Federal or State law; or 

15 (2) affects any other water rights in existence on 

16 the date of enactment of this Act held by any person 

17 or entity.
Calendar No. 654

108TH CONGRESS 

2D SESSION S. 1996

[Report No. 108–311] 

A BILL

To enhance and provide to the Oglala Sioux Tribe 

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

JULY 20, 2004

Reported with an amendment