I 
109TH CONGRESS 
2D SESSION 
H. R. 5565 
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 
JUNE 8, 2006 
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 An-
gostura Irrigation Project certain benefits of the Pick- 
Sloan Missouri River basin program. 
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 ‘‘Oglala Sioux Tribe 
Angostura Irrigation Project Modernization and Develop-
ment Act’’. 
SEC. 2. FINDINGS. 
Congress finds as follows: 
(1) Congress approved the Pick-Sloan Missouri 
River Basin Program by passing the Act of Decem-
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ber 22, 1944 (commonly known as the ‘‘Flood Con-
trol Act of 1944’’) (33 U.S.C. 701–1 et seq.)— 
(A) to promote the economic development 
of the United States; 
(B) to provide for irrigation in regions 
north of Sioux City, Iowa; 
(C) to protect urban and rural areas from 
devastating floods of the Missouri River; and 
(D) for other purposes. 
(2) The Angostura Unit— 
(A) is a component of the Pick-Sloan pro-
gram; and 
(B) provides for— 
(i) irrigation of approximately 12,218 
acres of productive farm land in South Da-
kota; and 
(ii) substantial recreation and fish 
and wildlife benefits. 
(3) The Commissioner of Reclamation has de-
termined that— 
(A) the national economic development 
benefits from irrigation at the Angostura Unit 
total approximately $3,410,000 annually; and 
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(B) the national economic development 
benefits of recreation at Angostura Reservoir 
total approximately $7,100,000 annually. 
(4) The Angostura Unit impounds the Chey-
enne River 20 miles upstream of the Pine Ridge In-
dian Reservation in South Dakota. 
(5) The Reservation experiences extremely high 
rates of unemployment and poverty. 
(6) There is a need for economic development 
on the Reservation. 
(7) The national economic development benefits 
of the Angostura Unit do not extend to the Reserva-
tion. 
(8) The Angostura Unit may be associated with 
negative effects on water quality and riparian vege-
tation in the Cheyenne River on the Reservation. 
(9) Modernization of the irrigation facilities at 
the Angostura Unit would— 
(A) enhance the national economic develop-
ment benefits of the Angostura Unit; and 
(B) result in improved water efficiency and 
environmental restoration benefits on the Res-
ervation. 
(10) The establishment of a trust fund for the 
Oglala Sioux tribe would— 
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(A) produce economic development benefits 
for the Reservation comparable to the benefits 
produced at the Angostura Unit; and 
(B) provide resources that are necessary 
for restoration of the Cheyenne River corridor 
on the Reservation. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) ANGOSTURA UNIT.—The term ‘‘Angostura 
Unit’’ means the irrigation unit of the Angostura ir-
rigation project developed under the Act of August 
11, 1939 (16 U.S.C. 590y et seq.). 
(2) FUND.—The term ‘‘Fund’’ means the Og-
lala Sioux Tribal Development Trust Fund estab-
lished by section 201(a). 
(3) PICK-SLOAN PROGRAM.—The term ‘‘Pick- 
Sloan program’’ means the Pick-Sloan Missouri 
River basin program approved under the Act of De-
cember 22, 1944 (commonly known as the ‘‘Flood 
Control Act of 1944’’; 33 U.S.C. 701–1 et seq.). 
(4) PLAN.—The term ‘‘plan’’ means the devel-
opment plan developed by the Tribe under section 
201(f). 
(5) RESERVATION.—The term ‘‘Reservation’’ 
means the Pine Ridge Indian Reservation. 
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(6) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(7) TRIBE.—The term ‘‘Tribe’’ means the Og-
lala Sioux Tribe of the Pine Ridge Indian Reserva-
tion. 
(8) TRIBAL COUNCIL.—The term ‘‘Tribal Coun-
cil’’ means the governing body of the Tribe. 
SEC. 4. MODERNIZATION. 
(a) MODERNIZATION OF FACILITIES AT ANGOSTURA 
UNIT.— 
(1) IN
GENERAL.—The Secretary shall carry 
out the modernization and improvement of the facili-
ties at the Angostura Unit as described in the Im-
proved Efficiencies Alternative included in the report 
titled ‘‘Final Environmental Impact Statement, An-
gostura Unit Contract Negotiation and Water Man-
agement (August 2002)’’. 
(2) NONREIMBURSABILITY.—The cost of the 
modernization and improvement of the facilities at 
the Angostura Unit shall be carried out on a non-
reimbursable basis. 
(b) DELIVERY OF WATER TO PINE RIDGE INDIAN 
RESERVATION.—The Secretary shall provide for the deliv-
ery of the water saved through the modernization and im-
provement of the facilities of the Angostura Unit as an 
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instream flow of the Cheyenne River to be used for fish 
and wildlife purposes and environmental restoration on the 
Reservation. 
(c) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out subsection (a) 
$4,660,000, to remain available until expended. 
SEC. 5. DEVELOPMENT. 
(a) OGLALA SIOUX TRIBAL DEVELOPMENT TRUST 
FUND.— 
(1) OGLALA
SIOUX
TRIBAL
DEVELOPMENT 
TRUST FUND.—There is established in the Treasury 
of the United States a fund to be known as the ‘‘Og-
lala Sioux Tribal Development Trust Fund,’’ con-
sisting of any amounts deposited in the Fund under 
this Act. 
(2) FUNDING.—Not later than the first day of 
the 11th fiscal year that begins after the date of en-
actment of this Act, the Secretary of the Treasury 
shall, from the General Fund of the Treasury, de-
posit in the Fund $92,500,000. 
(3) INVESTMENT OF TRUST FUND.— 
(A) IN GENERAL.—The Secretary of the 
Treasury shall invest such portion of the Fund 
as is not, in the judgment of the Secretary of 
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the Treasury, required to meet current with-
drawals. 
(B) 
ELIGIBLE
OBLIGATIONS.—Notwith-
standing any other provision of law, the Sec-
retary of the Treasury shall invest the amounts 
deposited under paragraph (2) and the interest 
earned on those amounts only in interest-bear-
ing obligations of the United States issued di-
rectly to the Fund. 
(C) INTEREST.—The Secretary of the 
Treasury shall deposit interest resulting from 
such investments into the Fund. 
(4) PAYMENT OF INTEREST TO TRIBE.— 
(A) WITHDRAWAL OF INTEREST.—On Oc-
tober 1st of each year, the Secretary of the 
Treasury shall transfer the aggregate amount 
of interest deposited into the Fund for the fis-
cal year to the Secretary for use in accordance 
with subparagraph (C). 
(B) AVAILABILITY.—Each amount trans-
ferred under subparagraph (A) shall be avail-
able without fiscal year limitation. 
(C) PAYMENTS TO TRIBE.— 
(i) IN
GENERAL.—The Secretary of 
the Interior shall use the amounts trans-
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ferred under subparagraph (A) only for the 
purpose of making payments to the Tribe, 
as such payments are requested by the 
Tribe pursuant to tribal resolution. 
(ii) LIMITATION.—Payments may be 
made by the Secretary of the Interior 
under clause (i) only after the Tribe has 
adopted a plan under paragraph (6). 
(iii) USE OF PAYMENTS BY TRIBE.— 
The Tribe shall use the payments made 
under this subparagraph only for carrying 
out projects and programs under the plan 
prepared under paragraph (6). 
(5) LIMITATION
ON
TRANSFERS
AND
WITH-
DRAWALS.—Except as provided in paragraphs (3) 
and (4)(A), the Secretary of the Treasury shall not 
transfer or withdraw any amount deposited under 
paragraph (2). 
(6) DEVELOPMENT PLAN.— 
(A) IN
GENERAL.—Not later than 18 
months after the date of enactment of this Act, 
the governing body of the Tribe shall prepare a 
plan for the use of the payments to the Tribe 
under paragraph (4). 
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(B) CONTENTS.—The plan shall provide 
for the manner in which the Tribe shall expend 
payments to the Tribe under paragraph (4) to 
promote— 
(i) economic development; 
(ii) infrastructure development; 
(iii) the educational, health, rec-
reational, and social welfare objectives of 
the Tribe and members of the Tribe; or 
(iv) any combination of the activities 
described in subparagraphs (A) through 
(C). 
(C) PLAN REVIEW AND REVISION.— 
(i) IN GENERAL.—The Tribal Council 
shall make available for review and com-
ment by the members of the Tribe a copy 
of the plan before the plan becomes final, 
in accordance with procedures established 
by the Tribal Council. 
(ii) UPDATING OF PLAN.— 
(I) IN
GENERAL.—The Tribal 
Council may, on an annual basis, re-
vise the plan. 
(II) REVIEW AND COMMENT.—In 
revising the plan, the Tribal Council 
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shall provide the members of the 
Tribe opportunity to review and com-
ment on any proposed revision to the 
plan. 
(iii) CONSULTATION.—In preparing 
the plan and any revisions to the plan, the 
Tribal Council shall consult with the Sec-
retary and the Secretary of Health and 
Human Services. 
(D) AUDIT.— 
(i) IN
GENERAL.—The activities of 
the Tribe in carrying out the plan shall be 
audited as part of the annual single-agency 
audit that the Tribe is required to prepare 
pursuant to the Office of Management and 
Budget circular numbered A–133. 
(ii) DETERMINATION BY AUDITORS.— 
The auditors that conduct the audit con-
ducted pursuant to this subparagraph 
shall— 
(I) determine whether funds re-
ceived by the Tribe under this section 
for the period covered by the audit 
conducted pursuant to this subpara-
graph were expended to carry out the 
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plan in a manner consistent with this 
section; and 
(II) include in the written find-
ings of the audit the determination 
made under clause (i). 
(iii) INCLUSION
OF
FINDINGS
WITH 
PUBLICATION OF PROCEEDINGS OF TRIBAL 
COUNCIL.—A copy of the written findings 
of the audit conducted pursuant to this 
subparagraph shall be inserted in the pub-
lished minutes of the Tribal Council pro-
ceedings for the session at which the audit 
is presented to the Tribal Council. 
(7) PROHIBITION OF PER CAPITA PAYMENTS.— 
No portion of any payment made under this Act 
may be distributed to any member of the Tribe on 
a per capita basis. 
(b) ELIGIBILITY OF TRIBE FOR CERTAIN PROGRAMS 
AND SERVICES.—No payment made to the Tribe under 
this Act shall result in the reduction or denial of any serv-
ice or program with respect to which, under Federal law— 
(1) the Tribe is otherwise entitled because of 
the status of the Tribe as a federally recognized In-
dian tribe; or 
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(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. 
(c) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as are nec-
essary to pay the administrative expenses of the Fund. 
(d) DISCLAIMER OF EFFECTS.—Nothing in this Act 
affects— 
(1) the rights or claims of the Tribe under the 
Treaty of Fort Laramie of September 15, 1851 (11 
Stat. 749); 
(2) the rights or claims of the Tribe under the 
Treaty of Fort Laramie of April 29, 1868 (15 Stat. 
635); or 
(3) the reserved water rights of the Tribe under 
the principles of Winters v. United States (207 U.S. 
564 (1908)). 
Æ 
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