I
104TH CONGRESS
1ST SESSION
H. R. 2512
To provide for certain benefits of the Missouri River basin Pick-Sloan project
to the Crow Creek Sioux Tribe, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 19, 1995
Mr. JOHNSON of South Dakota introduced the following bill; which was
referred to the Committee on Resources
A BILL
To provide for certain benefits of the Missouri River basin
Pick-Sloan project to the Crow Creek Sioux Tribe, and
for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Crow Creek Sioux
Tribe Infrastructure Development Trust Fund Act of
1995’’.
SEC. 2. FINDINGS.
(a) FINDINGS.—The Congress finds that—
(1) the Congress approved the Missouri River
basin Pick-Sloan project by passing the Act of De-
cember 22, 1944, commonly known as the ‘‘Flood
Control Act of 1944’’ (58 Stat. 887, chapter 665; 33
U.S.C. 701–1 et seq.)—
(A) to promote the general economic devel-
opment of the United States;
(B) to provide for irrigation above Sioux
City, Iowa;
(C) to protect urban and rural areas from
devastating floods of the Missouri River; and
(D) for other purposes;
(2) the Fort Randall and Big Bend projects are
major components of the Pick-Sloan project, and
contribute to the national economy by generating a
substantial amount of hydropower and impounding a
substantial quantity of water;
(3) the Fort Randall and Big Bend projects
overlie the western boundary of the Crow Creek In-
dian Reservation, having inundated the fertile, wood-
ed bottom lands of the Tribe along the Missouri
River that constituted the most productive agricul-
tural and pastoral lands of the Tribe and the home-
land of the members of the Tribe;
(4) Public Law 85–916 (72 Stat. 1766 et seq.)
authorized the acquisition of 9,418 acres of Indian
land on the Crow Creek Indian Reservation for the
Fort Randall project and Public Law 87–735 (76
Stat. 704 et seq.) authorized the acquisition of
6,179 acres of Indian land on Crow Creek for the
Big Bend project;
(5) Public Law 87–735 (76 Stat. 704 et seq.)
provided for the mitigation of the effects of the Fort
Randall and Big Bend projects on the Crow Creek
Indian Reservation, by directing the Secretary of the
Army to—
(A) replace, relocate, or reconstruct—
(i) any existing essential governmental
and agency facilities on the reservation, in-
cluding schools, hospitals, offices of the
Public Health Service and the Bureau of
Indian Affairs, service buildings, and em-
ployee quarters; and
(ii) roads, bridges, and incidental mat-
ters or facilities in connection with such fa-
cilities;
(B) provide for a townsite adequate for 50
homes, including streets and utilities (including
water, sewage, and electricity), taking into ac-
count the reasonable future growth of the town-
site; and
(C) provide for a community center con-
taining space and facilities for community gath-
erings, tribal offices, tribal council chamber, of-
fices of the Bureau of Indian Affairs, offices
and quarters of the Public Health Service, and
a combination gymnasium and auditorium;
(6) the Secretary of the Army and the Sec-
retary of the Interior have failed to meet the re-
quirements under Public Law 87–735 (76 Stat. 704
et seq.) with respect to the mitigation of the effects
of the Fort Randall and Big Bend projects on the
Crow Creek Indian Reservation;
(7) although the national economy has benefited
from the Fort Randall and Big Bend projects, the
economy on the Crow Creek Indian Reservation re-
mains underdeveloped, in part as a consequence of
the failure of the Federal Government to fulfill the
obligations of the Federal Government under the
laws referred to in paragraph (4);
(8) the economic and social development and
cultural preservation of the Crow Creek Sioux Tribe
will be enhanced by increased tribal participation in
the benefits of the Fort Randall and Big Bend com-
ponents of the Pick-Sloan project; and
(9) the Crow Creek Sioux Tribe is entitled to
additional benefits of the Missouri River basin Pick-
Sloan project, including hydropower revenues and in-
frastructure development.
SEC. 3. DEFINITIONS.
For the purposes of this Act, unless the context im-
plies otherwise, the following definitions shall apply:
(1) FUND.—The term ‘‘Fund’’ means the Crow
Creek Sioux Tribe Infrastructure Development
Trust Fund established under section 4(a).
(2) PLAN.—The term ‘‘plan’’ means the plan
for socioeconomic recovery and cultural preservation
prepared under section 5.
(3) PROGRAMS.—The term ‘‘Programs’’ means
the integrated programs of the Eastern Division of
the Missouri River basin Pick-Sloan program, ad-
ministered by the Western Area Power Administra-
tion, as determined by the Secretary.
(4) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior.
(5) TRIBE.—The term ‘‘Tribe’’ means the Crow
Creek Sioux Tribe.
SEC. 4. ESTABLISHMENT OF CROW CREEK SIOUX TRIBE IN-
FRASTRUCTURE 
DEVELOPMENT 
TRUST
FUND.
(a) CROW CREEK SIOUX TRIBE INFRASTRUCTURE
DEVELOPMENT TRUST FUND.—There is established in
the Treasury of the United States a fund to be known
as the ‘‘Crow Creek Sioux Tribe Infrastructure Develop-
ment Trust Fund’’.
(b) FUNDING.—Beginning with fiscal year 1997, and
for each fiscal year thereafter, until such time as the ag-
gregate of the amounts deposited in the Fund is equal to
$27,500,000, the Secretary of the Treasury shall deposit
into the Fund an amount equal to 25 percent of the re-
ceipts from the deposits to the Treasury of the United
States for the preceding fiscal year from the Programs.
(c) INVESTMENTS.—The Secretary of the Treasury
shall invest the amounts deposited under subsection (b)
only in interest-bearing obligations of the United States
or in obligations guaranteed as to both principal and inter-
est by the United States.
(d) PAYMENT OF INTEREST TO TRIBE.—
(1) ESTABLISHMENT OF ACCOUNT AND TRANS-
FER OF INTEREST.—The Secretary of the Treasury
shall, in accordance with this subsection, transfer
any interest that accrues on amounts deposited
under subsection (b) into a separate account estab-
lished by the Secretary of the Treasury in the Treas-
ury of the United States.
(2) PAYMENTS.—
(A) IN GENERAL.—Beginning with the fis-
cal year immediately following the fiscal year
during which the aggregate of the amounts de-
posited in the Fund is equal to the amount
specified in subsection (b)(2), and for each fis-
cal year thereafter, all amounts transferred
under paragraph (1) shall be available, without
fiscal year limitation, to the Secretary of the In-
terior for use in accordance with subparagraph
(C).
(B) WITHDRAWAL
AND
TRANSFER
OF
FUNDS.—For each fiscal year specified in sub-
paragraph (A), the Secretary of the Treasury
shall withdraw amounts from the account estab-
lished under such paragraph and transfer such
amounts to the Secretary of the Interior for use
in accordance with subparagraph (C). The Sec-
retary of the Treasury may only withdraw
funds from the account for the purpose speci-
fied in this paragraph.
(C) PAYMENTS TO TRIBE.—The Secretary
of the Interior shall use the amounts trans-
ferred to the Secretary under subparagraph (B)
only for the purpose of making payments to the
Tribe.
(D) USE OF PAYMENTS BY TRIBE.—The
Tribe shall use the payments made under sub-
paragraph (C) only for carrying out projects
and programs pursuant to the plan prepared
under section 5.
(3) PROHIBITION ON PER CAPITA PAYMENTS.—
No portion of any payment made under this sub-
section may be distributed to any member of the
Tribe on a per capita basis.
(e) TRANSFERS AND WITHDRAWALS.—
(1) AMOUNTS DEPOSITED IN THE FUND.—Ex-
cept as provided in subsection (d)(1), the Secretary
of the Treasury may not transfer or withdraw any
amount deposited under subsection (b).
(2) AMOUNTS
TRANSFERRED
TO
ACCOUNT.—
Except as provided in subsection (d)(2), the Sec-
retary of the Treasury may not transfer or withdraw
any amounts transferred to the account established
under subsection (d)(1).
SEC. 5. PLAN FOR SOCIOECONOMIC RECOVERY AND CUL-
TURAL PRESERVATION.
(a) PLAN.—
(1) IN GENERAL.—The Secretary of the Inte-
rior, acting through the Bureau of Indian Affairs, in
cooperation with the Secretary of Health and
Human Services, acting through the Indian Health
Service, and the Crow Creek Tribal Council, shall
prepare a plan for the use of payments made to the
Tribe under section 4(d)(2).
(2) REQUIREMENTS FOR PLAN COMPONENTS.—
The plan shall, with respect to each component of
the plan—
(A) identify the costs and benefits of that
component; and
(B) provide plans for that component.
(3) APPROVAL OF CROW CREEK TRIBAL COUN-
CIL.—The plan shall be subject to the approval of
the Crow Creek Tribal Council.
(4) SUBMITTAL TO CONGRESS.—Not later than
2 years after the date of enactment of this Act, the
Secretary shall submit the plan to Congress.
(b) CONTENT OF PLAN.—The plan shall include the
following programs and components:
(1) EDUCATIONAL
FACILITY.—The plan shall
provide for an educational facility to be located on
the Crow Creek Indian Reservation.
(2) COMPREHENSIVE
INPATIENT
AND
OUT-
PATIENT HEALTH CARE FACILITY.—The plan shall
provide for a comprehensive inpatient and outpatient
health care facility to provide essential services that
the Secretary, in consultation with the individuals
and entities referred to in subsection (a)(1), deter-
mines to be—
(A) needed; and
(B) unavailable through existing facilities
of the Indian Health Service on the Crow Creek
Indian Reservation at the time of the deter-
mination.
(3) WATER SYSTEM.—The plan shall provide
for the construction, operation, and maintenance of
a municipal, rural, and industrial water system for
the Crow Creek Indian Reservation.
(4) IRRIGATION
FACILITIES.—The plan shall
provide for irrigation facilities for not less than
1,792 acres.
(5) RECREATIONAL
FACILITIES.—The plan
shall provide for recreational facilities suitable for
high-density recreation at Lake Sharpe at Big Bend
Dam in South Dakota.
(6) OTHER
PROJECTS
AND
PROGRAMS.—The
plan shall provide for such other projects and pro-
grams for the educational, social welfare, economic
development, and cultural preservation of the Tribe
as the Secretary, in consultation with the individuals
and entities referred to in subsection (a)(1), consid-
ers to be appropriate.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such funds
as may be necessary to carry out this Act, including such
funds as may be necessary to cover the administrative ex-
penses of the Crow Creek Sioux Tribe Infrastructure De-
velopment Trust Fund established under section 4.
SEC. 7. EFFECT OF PAYMENTS TO TRIBE.
(a) IN GENERAL.—No payment made to the Tribe
pursuant to this Act shall result in the reduction or denial
of any service or program to which, pursuant Federal
law—
(1) the Tribe is otherwise entitled because of
the status of the Tribe as a federally recognized In-
dian tribe; or
(2) any individual who is a member of the Tribe
is entitled because of the status of the individual as
a member of the Tribe.
(b) EXEMPTIONS; STATUTORY CONSTRUCTION.—
(1) POWER RATES.—No payment made pursu-
ant to this Act shall affect Missouri River basin
Pick-Sloan power rates.
(2) STATUTORY
CONSTRUCTION.—Nothing in
this Act may be construed as diminishing or affect-
ing—
(A) any right of the Tribe that is not oth-
erwise addressed in this Act; or
(B) any treaty obligation of the United
States.
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