Lower Brule Sioux Tribe Infrastructure Development Trust Fund Act
PL 105-132 (S.156), enacted 12/02/1997

PUBLIC LAW 105-132—DEC. 2, 1997 
111 STAT. 2563 
Public Law 105-132 
105th Congress 
An Act 
To provide certain benefits of the Pick-Sloan Missouri River Basin program to 
the Lower Brule 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 "Lower Brule Sioux Tribe Infra-
structure Development Trust Fimd Act". 
SEC. 2. FINDINGS. 
Congress finds that— 
(1) under the Act of December 22, 1944, commonly known 
as the "Flood Control Act of 1944" (58 Stat. 887, chapter 665; 
33 U.S.C. 701-1 et seq.) Congress approved the Pick-Sloan 
Missouri River Basin program— 
(A) to promote the gener£il 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-Slo£ui Missouri River Basin program, 
and contribute to the nationtd economy by generating a 
substantial gimount of hydropower and impounding a substan-
tial quantity of water; 
(3) the Fort Randall and Big Bend projects overUe the 
eastern boundary of the Lower Brule 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 Lower Brule Sioux Tribe 
and the homelsind of the members of the Tribe; 
(4) Public Law 85-923 (72 Stat. 1773 et seq.) authorized 
the acquisition of 7,997 acres of Indian land on the Lower 
Brule Indian Reservation for the Fort Randall project and Pub-
Uc Law 87-734 (76 Stat. 698 et seq.) authorized the acquisition 
of 14,299 acres of Indian Isuid on the Lower Brule Indieui 
Reservation for the Big Bend project; 
Dec. 2, 1997 
[S. 156] 
Lower Brule 
Sioux Tribe 
Infrastructure 
Development 
Trust Fund Act. 
I l l STAT. 2564 
PUBLIC LAW 105-132—DEC. 2, 1997 
(5) Public Law 87-734 (76 Stat. 698 et seq.) provided for 
the mitigation of the effects of the Fort Randall and Big Bend 
projects on the Lower Brule Indian Reservation, by directing 
the Secretary of the Army to— 
(A) as necessary, by reason of the Big Bend project, 
protect, replace, relocate, or reconstruct— 
(i) any essential governmental and agency facilities 
on the reservation, including schools, hospitals, offices 
of the Public Health Service and the Bureau of Indian 
Affairs, service buildings, and employee quarters exist-
ing at the time that the projects were carried out; 
and 
(ii) roads, bridges, and incidentsd matters or facili-
ties in connection with those 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 Hegdth Service, and a 
combination gymnasium and auditorium; 
(6) the requirements under Public Law 87-734 (76 Stat. 
698 et seq.) with respect to the mitigation of the effects of 
the Fort Randall and Big Bend projects on the Lower Brule 
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 Lower 
Brule 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 Lower Brule Sioux Tribe will be enhanced 
by increased tribal participation in the benefits of the Fort 
Randall and Big Bend components of the Pick-Sloan Missouri 
River Basin program; £ind 
(9) the Lower Brule Sioux Tribe is entitled to additional 
benefits of the Pick-Sloan Missouri River Basin program. 
SEC. 3. DEFINrnONS. 
In this Act: 
(1) FUND.—^The term "Fund" means the Lower Brule 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 Lower Brule Sioux 
Tribe of Indians, a band of the Great Sioux Nation recognized 
by the United States of America. 
PUBLIC LAW 105-132—DEC. 2, 1997 
111 STAT. 2565 
SEC. 4. ESTABUSHMENT OF LOWER BRULE SIOUX TRIBE INFRA-
STRUCTURE DEVELOPMENT TRUST FUND. 
(a) LOWER BRULE SIOUX TRIBE INFRASTRUCTURE DEVELOPMENT 
TRUST FUND,—^There is established in the Treasury of the United 
States a fund to be known as the "Lower Brule Sioux Tribe Infra-
structure Development Trust Fund". 
(b) FUNDING.—^Beginning with fiscal year 1998, and for each 
fiscal year thereafter, until such time as the aggregate of the 
amounts deposited in the Fund is equal to $39,300,000, 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 fiscEil year from the Program. 
(c) INVESTMENTS.—^The Secretsiry 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 shsdl, 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 paragraph (1) and transfer such amounts 
to the Secretary of the Interior for use in accordance 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 pajntnents 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 pajrment 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 (dXl), the Secretary of the Treasury may not transfer or 
withdraw any amount deposited under subsection (b). 
SEC. 6. PLAN FOR SOCIOECONOMIC RECOVERY AND CULTURAL 
PRESERVATION. 
(a) PLAN.— 
I l l STAT. 2566 
PUBLIC LAW 105-132—DEC. 2, 1997 
(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 pajnnents 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 Lower Brule Indisin 
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 facilities of the Indian Health 
Service on the Lower Brule Indian Reservation in existence 
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 Lower Brule 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 
Lower Brule 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 Fund. 
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 
(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 pajonent 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— 
PUBLIC LAW 105-132—DEC. 2, 1997 
111 STAT. 2567 
(A) any right of the Tribe that is not otherwise 
addressed in this Act; or 
(B) any treaty obligation of the United States. 
Approved December 2, 1997. 
LEGISLATIVE HISTORY—S. 156: 
SENATE REPORTS: No. 105-146 (Comm. on Indian Affairs). 
CONGRESSIONAL RECORD, Vol. 143 (1997): 
Nov. 9, considered and passed Senate. 
Nov. 13, considered and passed House.