II 

Calendar No. 624 

109TH CONGRESS 

2D SESSION S. 374 

[Report No. 109–344] 

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 

FEBRUARY 14, 2005 

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

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

SEPTEMBER 20, 2006 

Reported by Mr. MCCAIN, with an amendment 

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

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 ‘‘Tribal Parity Act’’. 


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•S 374 RS

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, based on methodology deter8 mined appropriate by the General Accounting Office, 

9 are entitled to receive additional compensation for 

10 injuries described in paragraph (6), so as to provide 

11 parity among compensation received by all Missouri 

12 River Indian tribes. 

13 SEC. 3. LOWER BRULE SIOUX TRIBE. 

14 Section 4(b) of the Lower Brule Sioux Tribe Infra15 structure Development Trust Fund Act (Public Law 105– 

16 132; 111 Stat. 2565) is amended by striking 

17 ‘‘$39,300,000’’ and inserting ‘‘$186,822,140’’. 

18 SEC. 4. CROW CREEK SIOUX TRIBE. 

19 Section 4(b) of the Crow Creek Sioux Tribe Infra20 structure Development Trust Fund Act of 1996 (Public 

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

22 ‘‘$27,500,000’’ and inserting ‘‘$105,917,853’’. 

23 SECTION 1. SHORT TITLE. 

24 This Act may be cited as the ‘‘Lower Brule and Crow 

25 Creek Tribal Compensation Act’’. 


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•S 374 RS

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 December 

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

6 of 1944’’) (58 Stat. 891)), was approved to promote 

7 the general economic development of the United 

8 States; 

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

10 reservoir projects in South Dakota— 

11 (A) are major components of the Pick-Sloan 

12 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 damaged 

17 the economy and cultural resources of the Tribes; 

18 (4) Congress has provided compensation to sev19 eral Indian tribes, including the Lower Brule and 

20 Crow Creek Sioux Tribes, that border the Missouri 

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

22 Pick-Sloan Projects; 

23 (5) the compensation provided to those Indian 

24 tribes has not been consistent; 

25 (6) Missouri River Indian tribes that suffered 

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


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•S 374 RS

1 should be adequately compensated for those injuries, 

2 and that compensation should be consistent among the 

3 Tribes; and 

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

5 Creek Sioux Tribe are entitled to receive additional 

6 compensation for injuries described in paragraph (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 ‘‘$39,300,000’’ 

11 and inserting ‘‘$129,822,085’’. 

12 SEC. 4. CROW CREEK SIOUX TRIBE. 

13 Section 4(b) of the Crow Creek Sioux Tribe Infrastruc14 ture Development Trust Fund Act of 1996 (Public Law 

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

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

17 SEC. 5. TREATMENT AS FINAL COMPENSATION. 

18 This Act shall be considered to be full and final com19 pensation to the Lower Brule Sioux Tribe and the Crow 

20 Creek Sioux Tribe for damages caused by construction of 

21 the Fort Randall Dam and the Big Bend Dam under the 

22 Pick-Sloan Missouri River Basin Program. 


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Calendar No. 624 

109TH CONGRESS 

2D SESSION S. 374 

[Report No. 109

–344] 

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 20, 2006 

Reported with an amendment 


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