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Q: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Lower Brule Sioux Tribe
Infrastructure Development Trust Fund 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 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 Missouri River Basin program, and contribute to
the national economy by generating a substantial amount of
hydropower and impounding a substantial quantity of water;
(3) the Fort Randall and Big Bend projects overlie the eastern
boundary of the Lower Brule Indian Reservation, having 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 homeland 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 Public Law 87-734 (76
Stat. 698 et seq.) authorized the acquisition of 14,299 acres of
Indian land on the Lower Brule Indian Reservation for the Big Bend
project;
(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 existing at the
time that the projects were carried out; and
(ii) roads, bridges, and incidental matters or
facilities 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 Health 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; and
(9) the Lower Brule Sioux Tribe is entitled to additional
benefits of the Pick-Sloan Missouri River Basin program.

SEC. 3. DEFINITIONS.

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 socioeconomic
recovery and cultural preservation prepared under section 5.
(3) Program.--The term ''Program'' means the power program of
the Pick-Sloan Missouri River Basin program, administered 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.
SEC. 4. ESTABLISHMENT OF LOWER BRULE SIOUX TRIBE INFRASTRUCTURE
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 Infrastructure 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 Secretary 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 immediately
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 payments to the Tribe.
(D) Use of payments by tribe.--The Tribe shall use the
payments made under subparagraph (C) only for carrying out
projects and programs pursuant to the plan prepared 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 subsection
(d)(1), the Secretary of the Treasury may not transfer or withdraw any
amount deposited under subsection (b).
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 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 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 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 Reservation.
(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 provide 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 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 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.
A:
Lower Brule Sioux Tribe Infrastructure Development Trust Fund Act - Establishes in the Treasury the Lower Brule Sioux Tribe Infrastructure Development Trust Fund into which, beginning with FY 1998, 25 percent of the receipts from the power program of the Pick-Sloan Missouri River basin program shall be deposited until a specified Fund aggregate amount is attained.
Directs the Secretary of the Treasury to transfer interest that accrues on such deposits into a separate Treasury account from which the Secretary shall transfer amounts to the Secretary of the Interior for payments to the Tribe.
Directs the Tribe, in consultation with the Secretaries of the Interior and of Health and Human Services, to develop a plan for the socioeconomic recovery and cultural preservation of the Lower Brule Sioux Tribe. Requires that the plan provide for: (1) an educational facility on the Lower Brule Indian Reservation; (2) a comprehensive inpatient and outpatient health care facility; (3) construction, operation, and maintenance of a municipal, rural, and industrial water system for the Reservation; (4) recreational facilities at Lake Sharpe at Big Bend Dam and other locations on the Reservation; and (5) other projects and programs for the educational, social welfare, economic development, and cultural preservation of the Tribe.
Authorizes appropriations.