(7) TRIBE.—The term ‘‘Tribe’’ means the Og-
lala Sioux Tribe of South Dakota. 
(8) TRIBAL COUNCIL.—The term ‘‘Tribal Coun-
cil’’ means the governing body of the Tribe. 
TITLE I—MODERNIZATION 
SEC. 101. MODERNIZATION OF FACILITIES AT ANGOSTURA 
UNIT. 
(a) IN GENERAL.—The Secretary shall carry out the 
modernization and improvement of the facilities at the An-
gostura Unit as described in the Improved Efficiencies Al-
ternative included in the report entitled ‘‘Final Environ-
mental Impact Statement, Angostura Unit Contract Nego-
tiation and Water Management (August 2002)’’. 
(b) NONREIMBURSABILITY.—The cost of the mod-
ernization and improvement of the facilities at the Angos-
tura Unit shall be carried out on a nonreimbursable basis. 
SEC. 102. DELIVERY OF WATER TO PINE RIDGE INDIAN 
RESERVATION. 
The Secretary shall provide for the delivery of the 
water saved through the modernization and improvement 
of the facilities of the Angostura Unit to be used for fish 
and wildlife purposes and environmental restoration on the 
Reservation.
SEC. 103. AUTHORIZATION OF APPROPRIATIONS. 
There is authorized to be appropriated to carry out 
section 101 $4,660,000, to remain available until ex-
pended. 
TITLE II—DEVELOPMENT 
SEC. 201. OGLALA SIOUX TRIBAL DEVELOPMENT TRUST 
FUND. 
(a) OGLALA SIOUX TRIBAL DEVELOPMENT TRUST 
FUND.—There is established in the Treasury of the 
United States a fund to be known as the ‘‘Oglala Sioux 
Tribal Development Trust Fund’’, consisting of any 
amounts deposited in the Fund under this title. 
(b) FUNDING.—On the first day of the 11th fiscal 
year that begins after the date of enactment of this Act, 
the Secretary of the Treasury shall, from the General 
Fund of the Treasury, deposit in the Fund—
(1) $92,500,000; and 
(2) the amount that equals the amount of inter-
est that would have accrued on the amount de-
scribed in paragraph (1) if that amount had been in-
vested in interest-bearing obligations of the United 
States on the first day of the first fiscal year that 
begins after the date of enactment of this Act and 
compounded annually thereafter. 
(c) INVESTMENT OF TRUST FUND.—
(1) IN GENERAL.—The Secretary of the Treas-
ury shall invest such portion of the Fund as is not, 
in the judgment of the Secretary of the Treasury, 
required to meet current withdrawals. 
(2) ELIGIBLE OBLIGATIONS.—Notwithstanding 
any other provision of law, the Secretary of the 
Treasury shall invest the amounts deposited under 
subsection (b) and the interest earned on those 
amounts only in interest-bearing obligations of the 
United States issued directly to the Fund. 
(3) INTEREST.—The Secretary of the Treasury 
shall deposit interest resulting from such invest-
ments into the Fund. 
(d) PAYMENT OF INTEREST TO TRIBE.—
(1) WITHDRAWAL OF INTEREST.—Beginning on 
the first day of the 11th fiscal year after the date 
of enactment of this Act and, on the first day of 
each fiscal year thereafter, the Secretary of the 
Treasury shall transfer the aggregate amount of in-
terest deposited into the Fund for the fiscal year to 
the Secretary for use in accordance with paragraph 
(3). 
(2) AVAILABILITY.—Each amount transferred 
under paragraph (1) shall be available without fiscal 
year limitation.
(3) PAYMENTS TO TRIBE.—
(A) IN GENERAL.—The Secretary shall use 
the amounts transferred under paragraph (1) 
only for the purpose of making payments to the 
Tribe, as such payments are requested by the 
Tribe pursuant to tribal resolution. 
(B) LIMITATION.—Payments may be made 
by the Secretary of the Interior under subpara-
graph (A) only after the Tribe has adopted a 
plan under subsection (f). 
(C) USE OF PAYMENTS BY TRIBE.—The 
Tribe shall use the payments made under sub-
paragraph (B) only for carrying out projects 
and programs under the plan prepared under 
subsection (f). 
(e) 
LIMITATION
ON
TRANSFERS
AND
WITH-
DRAWALS.—Except as provided in subsections (c) and 
(d)(1), the Secretary of the Treasury shall not transfer 
or withdraw any amount deposited under subsection (b). 
(f) DEVELOPMENT PLAN.—
(1) IN GENERAL.—Not later than 18 months 
after the date of enactment of this Act, the gov-
erning body of the Tribe shall prepare a plan for the 
use of the payments to the Tribe under subsection 
(d).
(2) CONTENTS.—The plan shall provide for the 
manner in which the Tribe shall expend payments to 
the Tribe under subsection (d) to promote—
(A) economic development; 
(B) infrastructure development; 
(C) the educational, health, recreational, 
and social welfare objectives of the Tribe and 
members of the Tribe; or 
(D) any combination of the activities de-
scribed in subparagraphs (A) through (C). 
(3) PLAN REVIEW AND REVISION.—
(A) IN
GENERAL.—The Tribal Council 
shall make available for review and comment by 
the members of the Tribe a copy of the plan be-
fore the plan becomes final, in accordance with 
procedures established by the Tribal Council. 
(B) UPDATING OF PLAN.—
(i) IN GENERAL.—The Tribal Council 
may, on an annual basis, revise the plan to 
update the plan. 
(ii) REVIEW AND COMMENT.—In re-
vising the plan, the Tribal Council shall 
provide the members of the Tribe oppor-
tunity to review and comment on any pro-
posed revision to the plan.
(C) CONSULTATION.—In preparing the 
plan and any revisions to update the plan, the 
Tribal Council shall consult with the Secretary 
and the Secretary of Health and Human Serv-
ices. 
(4) AUDIT.—
(A) 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. 
(B) DETERMINATION BY AUDITORS.—The 
auditors that conduct the audit under subpara-
graph (A) shall—
(i) determine whether funds received 
by the Tribe under this section for the pe-
riod covered by the audit were expended to 
carry out the plan in a manner consistent 
with this section; and 
(ii) include in the written findings of 
the audit the determination made under 
clause (i). 
(C) INCLUSION OF FINDINGS WITH PUBLI-
CATION
OF
PROCEEDINGS
OF
TRIBAL
COUN-
CIL.—A copy of the written findings of the 
audit described in subparagraph (A) shall be in-
serted in the published minutes of the Tribal 
Council proceedings for the session at which the 
audit is presented to the Tribal Council. 
(g) PROHIBITION OF PER CAPITA PAYMENTS.—No 
portion of any payment made under this title may be dis-
tributed to any member of the Tribe on a per capita basis. 
SEC. 202. ELIGIBILITY OF TRIBE FOR CERTAIN PROGRAMS 
AND SERVICES. 
No payment made to the Tribe under this title shall 
result in the reduction or denial of any service 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 
(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. 
SEC. 203. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated such sums 
as are necessary to pay the administrative expenses of the 
Fund. 
SEC. 204. WATER RIGHTS. 
Nothing in this Act—
(1)(A) affects any rights, benefits, privileges or 
claims (including water rights or claims to water 
rights) of the Tribe, whether located within or with-
out the external boundaries of the Reservation, 
based on treaty, Executive order, agreement, Act of 
Congress, aboriginal title, the Winters doctrine 
(Winters v. United States, 207 U.S. 564 (1908)), or 
otherwise; or 
(B) validates or invalidates any assertion of the 
existence, nonexistence or extinguishment of any 
water rights, or claims to water rights, held by the 
Tribe or any other Indian tribe or individual Indian 
under Federal or State law; or 
(2) affects any other water rights in existence 
on the date of enactment of this Act held by any 
person or entity.
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