II
Calendar No. 587
104TH CONGRESS
2D SESSION
H. R. 2512
IN THE SENATE OF THE UNITED STATES
SEPTEMBER 11, 1996
Received; read twice and placed on the calendar
AN ACT
To provide for certain benefits of the Pick-Sloan Missouri
River basin program 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
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 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
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 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
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 program; and
(9) the Crow Creek Sioux Tribe is entitled to
additional 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
prepared 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
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 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 inter-
est by the United States.
(d) PAYMENT OF INTEREST TO TRIBE.—