Crow Creek Sioux Tribe Infrastructure Development Trust Fund Act of 1996
PL 104-223 (H.R.2512), enacted 10/01/1996

110 STAT. 3026 
PUBLIC LAW 104-223—OCT. 1, 1996 
Public Law 104-223 
104th Congress 
Oct. 1, 1996 
[H.R. 2512] 
Crow Creek 
Sioux Tribe 
Infrastructure 
Development 
Trust Fund Act 
of 1996. 
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 qu£intity 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) PubHc 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) PubUc 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. 
PUBLIC LAW 104-223—OCT. 1, 1996 
110 STAT. 3027 
hospitals, offices of the PubHc 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 commimity 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 Pubhc Law 87-735 (76 Stat. 
704 et seq.) with respect to the mitigation of the effects of 
the Fort Rsindall 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, luitil such time as the aggregate of the 
110 STAT. 3028 
PUBLIC LAW 104-223—OCT. 1, 1996 
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 Trilbe. 
(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). 
PUBLIC LAW 104-223—OCT. 1, 1996 
110 STAT. 3029 
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 xinder 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 necessEiry 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 Indisin tribe; or 
110 STAT. 3030 
PUBLIC LAW 104-223—OCT. 1, 1996 
(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. 
Approved October 1, 1996, 
LEGISLATIVE HISTORY—H.R. 2512 (S. 1264): 
HOUSE REPORTS: No. 104-765 (Comm. on Resources). 
SENATE REPORTS: No. 104-362 accompaying S. 1264 (Comm. on Indian Affairs). 
CONGRESSIONAL RECORD, Vol. 142 (1996): 
Sept. 10, considered and passed House. 
Sept. 19, considered and passed Senate.