[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1264 Introduced in Senate (IS)]







104th CONGRESS
  1st Session
                                S. 1264

To provide for certain benefits of the Missouri River basin Pick-Sloan 
     project to the Crow Creek Sioux Tribe, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

           September 20 (legislative day, September 5), 1995

  Mr. Daschle introduced the following bill; which was read twice and 
              referred to the Committee on Indian Affairs

_______________________________________________________________________

                                 A BILL


 
To provide for certain benefits of the Missouri River basin Pick-Sloan 
     project 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 
Infrastructure Development Trust Fund Act of 1995''.

SEC. 2. FINDINGS.

    (a) Findings.--The Congress finds that--
            (1) the Congress approved the Missouri River basin Pick-
        Sloan project by passing 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.)--
                    (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 project, 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 
        western boundary of the Crow Creek 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 Tribe and the homeland 
        of the members of the Tribe;
            (4) Public 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 acquisition of 
        6,179 acres of Indian land on Crow Creek for the Big Bend 
        project;
            (5) Public 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, hospitals, offices of the Public 
                        Health Service and the Bureau of Indian 
                        Affairs, service buildings, and employee 
                        quarters; and
                            (ii) roads, bridges, and incidental matters 
                        or facilities 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 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 Secretary of the Army and the Secretary of the 
        Interior have failed to meet the requirements under Public Law 
        87-735 (76 Stat. 704 et seq.) with respect to the mitigation of 
        the effects of the Fort Randall and Big Bend projects on the 
        Crow Creek Indian Reservation;
            (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 project; and
            (9) the Crow Creek Sioux Tribe is entitled to additional 
        benefits of the Missouri River basin Pick-Sloan project, 
        including hydropower revenues and infrastructure development.

SEC. 3. DEFINITIONS.

    For the purposes of this Act, unless the context implies otherwise, 
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 
        socioeconomic recovery and cultural preservation prepared under 
        section 5.
            (3) Programs.--The term ``Programs'' means the integrated 
        programs of the Eastern Division of the Missouri River basin 
        Pick-Sloan program, administered by the Western Area Power 
        Administration, as determined by the Secretary.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (5) Tribe.--The term ``Tribe'' means the Crow Creek Sioux 
        Tribe.
SEC. 4. ESTABLISHMENT OF CROW CREEK SIOUX TRIBE INFRASTRUCTURE 
              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 Infrastructure Development Trust 
Fund''.
    (b) Funding.--Beginning with fiscal year 1997, and for each fiscal 
year thereafter, until such time as the aggregate of the amounts 
deposited in the Fund is equal to $27,500,000, 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 Programs.
    (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)(2), 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 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 to the 
                Secretary 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.--
            (1) Amounts deposited in the fund.--Except as provided in 
        subsection (d)(1), the Secretary of the Treasury may not 
        transfer or withdraw any amount deposited under subsection (b).
            (2) Amounts transferred to account.--Except as provided in 
        subsection (d)(2), the Secretary of the Treasury may not 
        transfer or withdraw any amounts transferred to the account 
        established under subsection (d)(1).

SEC. 5. PLAN FOR SOCIOECONOMIC RECOVERY AND CULTURAL PRESERVATION.

    (a) Plan.--
            (1) In general.--The Secretary of the Interior, acting 
        through the Bureau of Indian Affairs, in cooperation with the 
        Secretary of Health and Human Services, acting through the 
        Indian Health Service, and the Crow Creek Tribal Council, shall 
        prepare a plan for the use of payments made to the Tribe under 
        section 4(d)(2).
            (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.
            (3) Approval of crow creek tribal council.--The plan shall 
        be subject to the approval of the Crow Creek Tribal Council.
            (4) Submittal to congress.--Not later than 2 years after 
        the date of enactment of this Act, the Secretary shall submit 
        the plan to Congress.
    (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, 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 
        Reservation.
            (4) Irrigation facilities.--The plan shall provide for 
        irrigation facilities for not less than 1,792 acres.
            (5) Recreational facilities.--The plan shall provide for 
        recreational facilities suitable for high-density recreation at 
        Lake Sharpe at Big Bend Dam in South Dakota.
            (6) 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 Secretary, in consultation with the 
        individuals and entities referred to in subsection (a)(1), 
        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 Crow Creek Sioux 
Tribe Infrastructure Development Trust Fund established 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 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 Missouri River basin Pick-Sloan 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.
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