H. R. 2512
One Hundred Fourth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, one thousand nine hundred and ninety-six
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 Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Crow Creek Sioux Tribe Infra-
structure Development Trust Fund Act of 1996’’.
SEC. 2. FINDINGS.
(a) FINDINGS.—The Congress finds that—
(1) the Congress approved the Pick-Sloan Missouri River
basin program by passing the Act of December 22, 1944, com-
monly 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 development 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 hydro-
power and impounding a substantial quantity of water;
(3) the Fort Randall and Big Bend projects overlie the
western boundary of the Crow Creek Indian Reservation, hav-
ing inundated the fertile, wooded bottom lands of the Tribe
along the Missouri River that constituted the most productive
agricultural 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 acquisi-
tion 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, 
including 
schools,
H. R. 2512—2
hospitals, offices of the Public Health Service and the
Bureau of Indian Affairs, service buildings, and
employee quarters; and
(ii) roads, bridges, and incidental matters or facili-
ties in connection with such facilities;
(B) provide for a townsite adequate for 50 homes,
including streets and utilities (including water, sewage,
and electricity), taking into account the reasonable future
growth of the townsite; and
(C) provide for a community center containing space
and facilities for community gatherings, tribal offices, tribal
council chamber, offices 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 remains 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 components 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 socio-
economic recovery and cultural preservation prepared under
section 5.
(3) PROGRAM.—The term ‘‘Program’’ means the power pro-
gram of the Pick-Sloan Missouri River basin program, adminis-
tered 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 INFRASTRUC-
TURE 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 Infra-
structure Development Trust Fund’’.
(b) FUNDING.—Beginning with fiscal year 1997, and for each
fiscal year thereafter, until such time as the aggregate of the
H. R. 2512—3
amounts deposited in the Fund is equal to $27,500,000, the Sec-
retary 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
TRANSFER
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
established by the Secretary of the Treasury in the Treasury
of the United States.
(2) PAYMENTS.—
(A) IN GENERAL.—Beginning with the fiscal year imme-
diately following the fiscal year during which the aggregate
of the amounts deposited in the Fund is equal to the
amount specified in subsection (b), and for each fiscal year
thereafter, all amounts transferred under paragraph (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 subparagraph (A), the Secretary
of the Treasury shall withdraw amounts from the account
established under such paragraph and transfer such
amounts to the Secretary of the Interior for use in accord-
ance with subparagraph (C). The Secretary 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 subparagraph (C) only for carry-
ing out projects and programs pursuant to the plan pre-
pared under section 5.
(3) PROHIBITION ON PER CAPITA PAYMENTS.—No portion of
any payment made under this subsection may be distributed
to any member of the Tribe on a per capita basis.
(e) TRANSFERS AND WITHDRAWALS.—Except as provided in sub-
section (d)(1), the Secretary of the Treasury may not transfer or
withdraw any amount deposited under subsection (b).
H. R. 2512—4
SEC. 5. PLAN FOR SOCIOECONOMIC RECOVERY AND CULTURAL
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 com-
ponent; 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
OUTPATIENT
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 consultation 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 Indian Reservation at
the time of the determination.
(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 Res-
ervation.
(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 Reservation in South Dakota.
(5) OTHER PROJECTS AND PROGRAMS.—The plan shall pro-
vide for such other projects and programs 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 expenses of the Crow
Creek Sioux Tribe Infrastructure Development Trust Fund estab-
lished 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 to Federal law—
(1) the Tribe is otherwise entitled because of the status
of the Tribe as a federally recognized Indian 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.
(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 otherwise
addressed in this Act; or
(B) any treaty obligation of the United States.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.