IB
Union Calendar No. 410
104TH CONGRESS
2D SESSION
H. R. 2512
[Report No. 104–765]
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
SEPTEMBER 4, 1996
Reported with amendments, committed to the Committee of the Whole House
on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on October 19, 1995]
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 1996’’.
SEC. 2. FINDINGS.
(a) FINDINGS.—The Congress finds that—
(1) the Congress approved the Pick-Sloan Mis-
souri River basin program 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 program, 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 over-
lie the western boundary of the Crow Creek Indian
Reservation, having inundated the fertile, wooded bot-
tom lands of the Tribe along the Missouri River that
constituted the most productive agricultural and pas-
toral lands of the Crow Creek Sioux Tribe and the
homeland 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 In-
dian 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 Pub-
lic Health Service and the Bureau of In-
dian 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 requirements 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 have
not been fulfilled;
(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 obliga-
tions of the Federal Government under the laws re-
ferred to in paragraph (4);
(8) the economic and social development and cul-
tural preservation of the Crow Creek Sioux Tribe will
be enhanced by increased tribal participation in the
benefits of the Fort Randall and Big Bend compo-
nents of the Pick-Sloan program; and
(9) the Crow Creek Sioux Tribe is entitled to ad-
ditional benefits of the Pick-Sloan Missouri River
basin program.
SEC. 3. DEFINITIONS.
For the purposes of this Act, 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 pre-
pared under section 5.
(3) PROGRAM.—The term ‘‘Program’’ means the
power program of the Pick-Sloan Missouri River
basin program, administered by the Western Area
Power Administration.
(4) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior.
(5) TRIBE.—The term ‘‘Tribe’’ means the Crow
Creek Sioux Tribe of Indians, a band of the Great
Sioux Nation recognized by the United States of
America.
SEC. 4. ESTABLISHMENT OF CROW CREEK SIOUX TRIBE IN-
FRASTRUCTURE DEVELOPMENT TRUST FUND.
(a) CROW CREEK SIOUX TRIBE INFRASTRUCTURE DE-
VELOPMENT TRUST FUND.—There is established in the
Treasury of the United States a fund to be known as the
‘‘Crow Creek Sioux Tribe Infrastructure Development Trust
Fund’’.
(b) FUNDING.—Beginning with fiscal year 1997, and
for each fiscal year thereafter, until such time as the aggre-
gate 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 receipts
from the deposits to the Treasury of the United States for
the preceding fiscal year from the Program.
(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 interest 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 sub-
section (b) into a separate account established by the
Secretary of the Treasury in the Treasury 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 speci-
fied in subsection (b), and for each fiscal year
thereafter, all amounts transferred under para-
graph (1) shall be available, without fiscal year
limitation, to the Secretary of the Interior 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 specified in this
paragraph.
(C) PAYMENTS TO TRIBE.—The Secretary of
the Interior shall use the amounts transferred
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.—Except as pro-
vided in subsection (d)(1), the Secretary of the Treasury
may not transfer or withdraw any amount deposited under
subsection (b).
SEC. 5. PLAN FOR SOCIOECONOMIC RECOVERY AND CUL-
TURAL PRESERVATION.
(a) PLAN.—
(1) IN
GENERAL.—The Tribe shall, not later
than 2 years after the date of enactment of this Act,
prepare a plan for the use of the payments made to
the Tribe under section 4(d)(2). In developing the
plan, the Tribe shall consult with the Secretary of the
Interior and the Secretary of Health and Human
Services.
(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.
(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 of Health and Human Services, in con-
sultation with the individuals and entities referred to
in subsection (a)(1), determines to be—
(A) needed; and
(B) unavailable through existing facilities of
the Indian Health Service on the Crow Creek In-
dian Reservation at the time of the determina-
tion.
(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) RECREATIONAL FACILITIES.—The plan shall
provide for recreational facilities suitable for high-
density recreation at Lake Sharpe at Big Bend Dam
and at other locations on the Crow Creek Indian Res-
ervation in South Dakota.
(5) 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 Tribe considers 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 Devel-
opment Trust Fund established under section 4.
SEC. 7. EFFECT OF PAYMENTS TO TRIBE.
(a) IN GENERAL.—No payment made to the Tribe pur-
suant to this Act shall result in the reduction or denial of
any service or program to which, pursuant to Federal
law—
(1) the Tribe is otherwise entitled because of the
status of the Tribe as a federally recognized Indian
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 pursuant
to this Act shall affect Pick-Sloan Missouri River
basin power rates.
(2) STATUTORY CONSTRUCTION.—Nothing in this
Act may be construed as diminishing or affecting—
(A) any right of the Tribe that is not other-
wise addressed in this Act; or
(B) any treaty obligation of the United
States.
Amend the title so as to read: ‘‘A bill to provide for
certain benefits of the Pick-Sloan Missouri River basin
program to the Crow Creek Sioux Tribe, and for other
purposes.’’.