I 

108TH CONGRESS 

2D SESSION H. R. 5139

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 HOUSE OF REPRESENTATIVES 

SEPTEMBER 23, 2004

Ms. HERSETH introduced the following bill; which was referred to the 

Committee on Resources 

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 Modernization 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 South Dakota; 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 South Dakota; 

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) modernization 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) TRIBE.—The term ‘‘Tribe’’ means the Og2 lala Sioux Tribe of South Dakota. 

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

5 TITLE I—MODERNIZATION 

6 SEC. 101. MODERNIZATION OF FACILITIES AT ANGOSTURA 

7 UNIT. 

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

9 modernization and improvement of the facilities at the An10 gostura Unit as described in the Improved Efficiencies Al11 ternative included in the report entitled ‘‘Final Environ12 mental Impact Statement, Angostura Unit Contract Nego13 tiation and Water Management (August 2002)’’. 

14 (b) NONREIMBURSABILITY.—The cost of the mod15 ernization and improvement of the facilities at the Angos16 tura Unit shall be carried out on a nonreimbursable basis. 

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

18 RESERVATION. 

19 The Secretary shall provide for the delivery of the 

20 water saved through the modernization and improvement 

21 of the facilities of the Angostura Unit to be used for fish 

22 and wildlife purposes and environmental restoration on the 

23 Reservation. 
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1 SEC. 103. AUTHORIZATION OF APPROPRIATIONS. 

2 There is authorized to be appropriated to carry out 

3 section 101 $4,660,000, to remain available until ex4 pended. 

5 TITLE II—DEVELOPMENT 

6 SEC. 201. OGLALA SIOUX TRIBAL DEVELOPMENT TRUST 

7 FUND. 

8 (a) OGLALA SIOUX TRIBAL DEVELOPMENT TRUST

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

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

11 Tribal Development Trust Fund’’, consisting of any 

12 amounts deposited in the Fund under this title. 

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

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

15 the Secretary of the Treasury shall, from the General 

16 Fund of the Treasury, deposit in the Fund—

17 (1) $92,500,000; and 

18 (2) the amount that equals the amount of inter19 est that would have accrued on the amount de20 scribed in paragraph (1) if that amount had been in21 vested in interest-bearing obligations of the United 

22 States on the first day of the first fiscal year that 

23 begins after the date of enactment of this Act and 

24 compounded annually thereafter. 

25 (c) INVESTMENT OF TRUST FUND.—
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1 (1) IN GENERAL.—The Secretary of the Treas2 ury shall invest such portion of the Fund as is not, 

3 in the judgment of the Secretary of the Treasury, 

4 required to meet current withdrawals. 

5 (2) ELIGIBLE OBLIGATIONS.—Notwithstanding 

6 any other provision of law, the Secretary of the 

7 Treasury shall invest the amounts deposited under 

8 subsection (b) and the interest earned on those 

9 amounts only in interest-bearing obligations of the 

10 United States issued directly to the Fund. 

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

12 shall deposit interest resulting from such invest13 ments into the Fund. 

14 (d) PAYMENT OF INTEREST TO TRIBE.—

15 (1) WITHDRAWAL OF INTEREST.—Beginning on 

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

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

18 each fiscal year thereafter, the Secretary of the 

19 Treasury shall transfer the aggregate amount of in20 terest deposited into the Fund for the fiscal year to 

21 the Secretary for use in accordance with paragraph 

22 (3). 

23 (2) AVAILABILITY.—Each amount transferred 

24 under paragraph (1) shall be available without fiscal 

25 year limitation. 
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1 (3) PAYMENTS TO TRIBE.—

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

3 the amounts transferred under paragraph (1) 

4 only for the purpose of making payments to the 

5 Tribe, as such payments are requested by the 

6 Tribe pursuant to tribal resolution. 

7 (B) LIMITATION.—Payments may be made 

8 by the Secretary of the Interior under subpara9 graph (A) only after the Tribe has adopted a 

10 plan under subsection (f). 

11 (C) USE OF PAYMENTS BY TRIBE.—The 

12 Tribe shall use the payments made under sub13 paragraph (B) only for carrying out projects 

14 and programs under the plan prepared under 

15 subsection (f). 

16 (e) LIMITATION ON TRANSFERS AND WITH17 DRAWALS.—Except as provided in subsections (c) and 

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

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

20 (f) DEVELOPMENT PLAN.—

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

22 after the date of enactment of this Act, the gov23 erning body of the Tribe shall prepare a plan for the 

24 use of the payments to the Tribe under subsection 

25 (d). 
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1 (2) CONTENTS.—The plan shall provide for the 

2 manner in which the Tribe shall expend payments to 

3 the Tribe under subsection (d) to promote—

4 (A) economic development; 

5 (B) infrastructure development; 

6 (C) the educational, health, recreational, 

7 and social welfare objectives of the Tribe and 

8 members of the Tribe; or 

9 (D) any combination of the activities de10 scribed in subparagraphs (A) through (C). 

11 (3) PLAN REVIEW AND REVISION.—

12 (A) IN GENERAL.—The Tribal Council 

13 shall make available for review and comment by 

14 the members of the Tribe a copy of the plan be15 fore the plan becomes final, in accordance with 

16 procedures established by the Tribal Council. 

17 (B) UPDATING OF PLAN.—

18 (i) IN GENERAL.—The Tribal Council 

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

20 update the plan. 

21 (ii) REVIEW AND COMMENT.—In re22 vising the plan, the Tribal Council shall 

23 provide the members of the Tribe oppor24 tunity to review and comment on any pro25 posed revision to the plan. 
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1 (C) CONSULTATION.—In preparing the 

2 plan and any revisions to update the plan, the 

3 Tribal Council shall consult with the Secretary 

4 and the Secretary of Health and Human Serv5 ices. 

6 (4) AUDIT.—

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

8 Tribe in carrying out the plan shall be audited 

9 as part of the annual single-agency audit that 

10 the Tribe is required to prepare pursuant to the 

11 Office of Management and Budget circular 

12 numbered A–133. 

13 (B) DETERMINATION BY AUDITORS.—The 

14 auditors that conduct the audit under subpara15 graph (A) shall—

16 (i) determine whether funds received 

17 by the Tribe under this section for the pe18 riod covered by the audit were expended to 

19 carry out the plan in a manner consistent 

20 with this section; and 

21 (ii) include in the written findings of 

22 the audit the determination made under 

23 clause (i). 

24 (C) INCLUSION OF FINDINGS WITH PUBLI25 CATION OF PROCEEDINGS OF TRIBAL COUN-
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1 CIL.—A copy of the written findings of the 

2 audit described in subparagraph (A) shall be in3 serted in the published minutes of the Tribal 

4 Council proceedings for the session at which the 

5 audit is presented to the Tribal Council. 

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

7 portion of any payment made under this title may be dis8 tributed to any member of the Tribe on a per capita basis. 

9 SEC. 202. ELIGIBILITY OF TRIBE FOR CERTAIN PROGRAMS 

10 AND SERVICES. 

11 No payment made to the Tribe under this title shall 

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

13 with respect to which, under Federal law—

14 (1) the Tribe is otherwise entitled because of 

15 the status of the Tribe as a federally recognized In16 dian tribe; or 

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

18 is entitled because of the status of the individual as 

19 a member of the Tribe. 

20 SEC. 203. AUTHORIZATION OF APPROPRIATIONS. 

21 There are authorized to be appropriated such sums 

22 as are necessary to pay the administrative expenses of the 

23 Fund. 

24 SEC. 204. WATER RIGHTS. 

25 Nothing in this Act—
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1 (1)(A) affects any rights, benefits, privileges or 

2 claims (including water rights or claims to water 

3 rights) of the Tribe, whether located within or with4 out the external boundaries of the Reservation, 

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

6 Congress, aboriginal title, the Winters doctrine 

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

8 otherwise; or 

9 (B) validates or invalidates any assertion of the 

10 existence, nonexistence or extinguishment of any 

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

12 Tribe or any other Indian tribe or individual Indian 

13 under Federal or State law; or 

14 (2) affects any other water rights in existence 

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

16 person or entity.

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