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SECTION 1. SHORT TITLE.

This Act may be cited as the ''Oglala Sioux Tribe Angostura
Irrigation Project Modernization and Development Act''.

SEC. 2. FINDINGS.

Congress finds that--
(1) Congress approved the Pick-Sloan Missouri River basin
program by passing the Act of December 22, 1944 (commonly known
as the ''Flood Control Act of 1944'') (33 U.S.C. 701-1 et
seq.)--
(A) to promote the economic development of the
United States;
(B) to provide for irrigation in regions north of
Sioux City, Iowa;
(C) to protect urban and rural areas from
devastating floods of the Missouri River; and
(D) for other purposes;
(2) the Angostura Unit--
(A) is a component of the Pick-Sloan program; and
(B) provides for--
(i) irrigation of 12,218 acres of
productive farm land in South Dakota; and
(ii) substantial recreation and fish and
wildlife benefits;
(3) the Commissioner of Reclamation has determined that--
(A) the national economic development benefits from
irrigation at the Angostura Unit total approximately
$3,410,000 annually; and
(B) the national economic development benefits of
recreation at Angostura Reservoir total approximately
$7,100,000 annually;
(4) the Angostura Unit impounds the Cheyenne River 20 miles
upstream of the Pine Ridge Indian Reservation in South Dakota;
(5)(A) the Reservation experiences extremely high rates of
unemployment and poverty; and
(B) there is a need for economic development on the
Reservation;
(6) the national economic development benefits of the
Angostura Unit do not extend to the Reservation;
(7) the Angostura Unit may be associated with negative
affects on water quality and riparian vegetation in the
Cheyenne River on the Reservation;
(8) modernization of the irrigation facilities at the
Angostura Unit would--
(A) enhance the national economic development
benefits of the Angostura Unit; and
(B) result in improved water efficiency and
environmental restoration benefits on the Reservation;
and
(9) the establishment of a trust fund for the Oglala Sioux
Tribe would--
(A) produce economic development benefits for the
Reservation comparable to the benefits produced at the
Angostura Unit; and
(B) provide resources that are necessary for
restoration of the Cheyenne River corridor on the
Reservation.

SEC. 3. DEFINITIONS.

In this Act:
(1) Angostura unit.--The term ''Angostura Unit'' means the
irrigation unit of the Angostura irrigation project developed
under the Act of August 11, 1939 (16 U.S.C. 590y et seq.).
(2) Fund.--The term ''Fund'' means the Oglala Sioux Tribal
Development Trust Fund established by section 201(a).
(3) Pick-sloan program.--The term ''Pick-Sloan program''
means the Pick-Sloan Missouri River basin program approved
under the Act of December 22, 1944 (commonly known as the
''Flood Control Act of 1944'') (33 U.S.C. 701-1 et seq.).
(4) Plan.--The term ''plan'' means the development plan
developed by the Tribe under section 201(f).
(5) Reservation.--The term ''Reservation'' means the Pine
Ridge Indian Reservation in the State.
(6) Secretary.--The term ''Secretary'' means the Secretary
of the Interior.
(7) Tribe.--The term ''Tribe'' means the Oglala Sioux Tribe
of South Dakota.
(8) Tribal council.--The term ''Tribal Council'' 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 Angostura Unit as described in
the Improved Efficiencies Alternative included in the report entitled
''Final Environmental Impact Statement, Angostura Unit Contract
Negotiation and Water Management (August 2002)''.
(b) Nonreimbursability.--The cost of the modernization and
improvement of the facilities at the Angostura 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 expended.

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 interest that
would have accrued on the amount described in paragraph (1) if
that amount had been invested 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 Treasury 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 investments 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 interest 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 subparagraph (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 subparagraph (B) only for
carrying out projects and programs under the plan
prepared under subsection (f).
(e) Limitation on Transfers and Withdrawals.--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 governing 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 described 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 before 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 revising the
plan, the Tribal Council shall provide the
members of the Tribe opportunity to review and
comment on any proposed 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 Services.
(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 subparagraph (A) shall--
(i) determine whether funds received by the
Tribe under this section for the period 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 publication of
proceedings of tribal council.--A copy of the written
findings of the audit described in subparagraph (A)
shall be inserted 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 distributed 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 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.

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 without 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.

Passed the Senate November 19, 2004.

Attest:

EMILY J. REYNOLDS,

Secretary.
Output:
Oglala Sioux Tribe Angostura Irrigation Project Modernization and Development Act - Title I: Modernization - Requires the Secretary of the Interior to: (1) carry out the modernization and improvement of irrigation facilities at the Angostura Unit as described in a specified report; and (2) provide for the delivery of water saved through such modernization and improvement for fish and wildlife purposes and environmental restoration on the Pine Ridge Indian Reservation, South Dakota.

Title II: Development - (Sec. 201) Establishes the Oglala Sioux Tribal Development Trust Fund in the Treasury. Requires the Secretary of the Treasury to make specified deposits into the Fund and payments from it to the Tribe beginning in the 11th fiscal year after enactment of this Act.

Requires the governing body of the Tribe to prepare a development plan that provides for the manner in which the Tribe shall expend such payments to promote: (1) economic development; (2) infrastructure development; (3) the educational, health, recreational, and social welfare objectives of the Tribe and its members; or (4) any combination of these activities.

Requires the Tribal Council to make a copy of the plan available for review and comment by members of the Tribe before it becomes final.

Authorizes the Tribal Council to revise and update the plan on an annual basis, subject to review and comment procedures.

States that 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 a specified Office of Management and Budget circular.

Requires a copy of the audit findings to be inserted into the Tribal Council's published minutes of proceedings.

Prohibits distribution of any portion of any payment to the Tribe to any member on a per capita basis.

(Sec. 202) States that no payment made to the Tribe shall result in the reduction or denial of any service or program under Federal law with respect to which: (1) the Tribe is otherwise entitled because of its status as a federally recognized Indian tribe; or (2) any individual is entitled because of his or her status as a member of the Tribe.

(Sec. 204) States that nothing in this Act: (1) affects any rights, benefits, privileges or claims (including water rights or claims to water rights) of the Tribe, whether located on or off the Reservation, based on treaty, Executive order, agreement, Act of Congress, aboriginal title, the Winters doctrine, or otherwise; (2) validates or invalidates any assertion of the existence, nonexistence, or extinguishment of any water rights or claims to such rights held by the Tribe or any other Indian tribe or individual Indian under Federal or State law; or (3) affects any other water rights in existence on the date of enactment of this Act.