II 

108TH CONGRESS 

1ST SESSION S. 1996

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 introduced the following bill; which was read twice and referred 

to the Committee on Indian Affairs 

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,

3 SECTION 1. SHORT TITLE. 

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

5 Angostura Irrigation Project Rehabilitation and Develop6 ment Act’’. 

7 SEC. 2. FINDINGS. 

8 Congress finds that—

9 (1) Congress approved the Pick-Sloan Missouri 

10 River basin program by passing the Act of Decem-
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1 ber 22, 1944 (commonly known as the ‘‘Flood Con2 trol Act of 1944’’) (33 U.S.C. 701–1 et seq.)—

3 (A) to promote the economic development 

4 of the United States; 

5 (B) to provide for irrigation in regions 

6 north of Sioux City, Iowa; 

7 (C) to protect urban and rural areas from 

8 devastating floods of the Missouri River; and 

9 (D) for other purposes; 

10 (2) the Angostura Unit—

11 (A) is a component of the Pick-Sloan pro12 gram; and 

13 (B) provides for—

14 (i) irrigation of 12,218 acres of pro15 ductive farm land in the State; and 

16 (ii) substantial recreation and fish 

17 and wildlife benefits; 

18 (3) the Commissioner of Reclamation has deter19 mined that—

20 (A) the national economic development 

21 benefits from irrigation at the Angostura Unit 

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

23 (B) the national economic development 

24 benefits of recreation at Angostura Reservoir 

25 total approximately $7,100,000 annually; 
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1 (4) the Angostura Unit impounds the Cheyenne 

2 River 20 miles upstream of the Pine Ridge Indian 

3 Reservation in the State; 

4 (5)(A) the Reservation experiences extremely 

5 high rates of unemployment and poverty; and 

6 (B) there is a need for economic development 

7 on the Reservation; 

8 (6) the national economic development benefits 

9 of the Angostura Unit do not extend to the Reserva10 tion; 

11 (7) the Angostura Unit may be associated with 

12 negative affects on water quality and riparian vege13 tation in the Cheyenne River on the Reservation; 

14 (8) rehabilitation of the irrigation facilities at 

15 the Angostura Unit would—

16 (A) enhance the national economic develop17 ment benefits of the Angostura Unit; and 

18 (B) result in improved water efficiency and 

19 environmental restoration benefits on the Res20 ervation; and 

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

22 Oglala Sioux Tribe would—

23 (A) produce economic development benefits 

24 for the Reservation comparable to the benefits 

25 produced at the Angostura Unit; and 
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1 (B) provide resources that are necessary 

2 for restoration of the Cheyenne River corridor 

3 on the Reservation. 

4 SEC. 3. DEFINITIONS. 

5 In this Act: 

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

7 Unit’’ means the irrigation unit of the Angostura ir8 rigation project developed under the Act of August 

9 11, 1939 (16 U.S.C. 590y et seq.). 

10 (2) FUND.—The term ‘‘Fund’’ means the Og11 lala Sioux Tribal Development Trust Fund estab12 lished by section 201(a). 

13 (3) PICK-SLOAN PROGRAM.—The term ‘‘Pick14 Sloan program’’ means the Pick-Sloan Missouri 

15 River basin program approved under the Act of De16 cember 22, 1944 (commonly known as the ‘‘Flood 

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

18 (4) PLAN.—The term ‘‘plan’’ means the devel19 opment plan developed by the Tribe under section 

20 201(f). 

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

22 means the Pine Ridge Indian Reservation in the 

23 State. 

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

25 the Secretary of the Interior.
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1 (7) STATE.—The term ‘‘State’’ means the State 

2 of South Dakota. 

3 (8) TRIBAL COUNCIL.—The term ‘‘Tribal Coun4 cil’’ means the governing body of the Tribe. 

5 (9) TRIBE.—The term ‘‘Tribe’’ means the Og6 lala Sioux Tribe of South Dakota. 

7 TITLE I—REHABILITATION 

8 SEC. 101. REHABILITATION OF FACILITIES AT ANGOSTURA 

9 UNIT. 

10 The Secretary may carry out the rehabilitation and 

11 improvement of the facilities at the Angostura Project de12 scribed in the report entitled ‘‘Angostura Unit Contract 

13 Negotiation and Water Management Final Environmental 

14 Impact Statement’’, dated August 2002. 

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

16 RESERVATION. 

17 The Secretary shall provide for—

18 (1) to the maximum extent practicable, the de19 livery of water saved through the rehabilitation and 

20 improvement of the facilities of the Angostura Unit 

21 to the Pine Ridge Indian Reservation; and 

22 (2) the use of that water for purposes of envi23 ronmental restoration on the Pine Ridge Indian Res24 ervation. 
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1 SEC. 103. EFFECT ON OTHER LAW. 

2 Nothing in this title affects—

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

4 the Tribe; 

5 (2) any service or program to which, in accord6 ance with Federal law, the Tribe, or an individual 

7 member of the Tribe, is entitled; or 

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

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

10 SEC. 104. AUTHORIZATION OF APPROPRIATIONS. 

11 There is authorized to be appropriated such sums as 

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

13 until expended. 

14 TITLE II—DEVELOPMENT 

15 SEC. 201. OGLALA SIOUX TRIBAL DEVELOPMENT TRUST 

16 FUND. 

17 (a) OGLALA SIOUX TRIBAL DEVELOPMENT TRUST

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

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

20 Tribal Development Trust Fund’’, consisting of any 

21 amounts deposited in the Fund under this title. 

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

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

24 the Secretary of the Treasury shall, from the General 

25 Fund of the Treasury, deposit in the Fund—
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1 (1) such sums as the Secretary of the Treasury, 

2 in consultation with the Secretary, the Secretary of 

3 Health and Human Services, and the Tribal Council, 

4 are necessary to carry out development under this 

5 title; and 

6 (2) the amount that equals the amount of inter7 est that would have accrued on the amount de8 scribed in paragraph (1) if that amount had been in9 vested in interest-bearing obligations of the United 

10 States, or in obligations guaranteed as to both prin11 cipal and interest by the United States, on the first 

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

13 of enactment of this Act and compounded annually 

14 thereafter. 

15 (c) INVESTMENT OF TRUST FUND.—

16 (1) IN GENERAL.—The Secretary of the Treas17 ury shall invest such portion of the Fund as is not, 

18 in the judgment of the Secretary of the Treasury, 

19 required to meet current withdrawals. 

20 (2) ACQUISITION OF OBLIGATIONS.—Such in21 vestments may be made only in interest-bearing obli22 gations of the United States or in obligations guar23 anteed as to both principal and interest by the 

24 United States. 
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1 (3) INTEREST.—The Secretary of the Treasury 

2 shall deposit interest resulting from such invest3 ments into the Fund. 

4 (d) PAYMENT OF INTEREST TO TRIBE.—

5 (1) WITHDRAWAL OF INTEREST.—Beginning on 

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

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

8 each fiscal year thereafter, the Secretary of the 

9 Treasury shall transfer the aggregate amount of in10 terest deposited into the Fund for the fiscal year to 

11 the Secretary for use in accordance with paragraph 

12 (3). 

13 (2) AVAILABILITY.—Each amount transferred 

14 under paragraph (1) shall be available without fiscal 

15 year limitation. 

16 (3) PAYMENTS TO TRIBE.—

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

18 the amounts transferred under paragraph (1) 

19 only for the purpose of making payments to the 

20 Tribe, as such payments are requested by the 

21 Tribe pursuant to tribal resolution. 

22 (B) LIMITATION.—Payments may be made 

23 by the Secretary of the Interior under subpara24 graph (A) only after the Tribe has adopted a 

25 plan under subsection (f).
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1 (C) USE OF PAYMENTS BY TRIBE.—The 

2 Tribe shall use the payments made under sub3 paragraph (B) only for carrying out projects 

4 and programs under the plan prepared under 

5 subsection (f). 

6 (e) LIMITATION ON TRANSFERS AND WITH7 DRAWALS.—Except as provided in subsections (c) and 

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

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

10 (f) DEVELOPMENT PLAN.—

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

12 after the date of enactment of this Act, the gov13 erning body of the Tribe shall prepare a plan for the 

14 use of the payments to the Tribe under subsection 

15 (d). 

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

17 manner in which the Tribe shall expend payments to 

18 the Tribe under subsection (d) to promote—

19 (A) economic development; 

20 (B) infrastructure development; 

21 (C) the educational, health, recreational, 

22 and social welfare objectives of the Tribe and 

23 members of the Tribe; or 

24 (D) any combination of the activities de25 scribed in subparagraphs (A) through (C). 
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1 (3) PLAN REVIEW AND REVISION.—

2 (A) IN GENERAL.—The Tribal Council 

3 shall make available for review and comment by 

4 the members of the Tribe a copy of the plan be5 fore the plan becomes final, in accordance with 

6 procedures established by the Tribal Council. 

7 (B) UPDATING OF PLAN.—

8 (i) IN GENERAL.—The Tribal Council 

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

10 update the plan. 

11 (ii) REVIEW AND COMMENT.—In re12 vising the plan, the Tribal Council shall 

13 provide the members of the Tribe oppor14 tunity to review and comment on any pro15 posed revision to the plan. 

16 (C) CONSULTATION.—In preparing the 

17 plan and any revisions to update the plan, the 

18 Tribal Council shall consult with the Secretary 

19 and the Secretary of Health and Human Serv20 ices. 

21 (4) AUDIT.—

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

23 Tribe in carrying out the plan shall be audited 

24 as part of the annual single-agency audit that 

25 the Tribe is required to prepare pursuant to the 
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1 Office of Management and Budget circular 

2 numbered A–133. 

3 (B) DETERMINATION BY AUDITORS.—The 

4 auditors that conduct the audit under subpara5 graph (A) shall—

6 (i) determine whether funds received 

7 by the Tribe under this section for the pe8 riod covered by the audit were expended to 

9 carry out the plan in a manner consistent 

10 with this section; and 

11 (ii) include in the written findings of 

12 the audit the determination made under 

13 clause (i). 

14 (C) INCLUSION OF FINDINGS WITH PUBLI15 CATION OF PROCEEDINGS OF TRIBAL COUN16 CIL.—A copy of the written findings of the 

17 audit described in subparagraph (A) shall be in18 serted in the published minutes of the Tribal 

19 Council proceedings for the session at which the 

20 audit is presented to the Tribal Council. 

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

22 portion of any payment made under this title may be dis23 tributed to any member of the Tribe on a per capita basis. 
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1 SEC. 202. ELIGIBILITY OF TRIBE FOR CERTAIN PROGRAMS 

2 AND SERVICES. 

3 No payment made to the Tribe under this title shall 

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

5 with respect to which, under Federal 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 SEC. 203. AUTHORIZATION OF APPROPRIATIONS. 

13 There are authorized to be appropriated such sums 

14 as are necessary to pay the administrative expenses of the 

15 Fund.

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