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





                                                       Calendar No. 581

104th CONGRESS

  2d Session

                                S. 1264

                          [Report No. 104-362]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                           September 9, 1996

        Reported with an amendment and an amendment to the title





                                                       Calendar No. 581
104th CONGRESS
  2d Session
                                S. 1264

                          [Report No. 104-362]

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

                           September 9, 1996

Reported by Mr. McCain, with an amendment and an amendment to the title
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Crow Creek Sioux Tribe 
Infrastructure Development Trust Fund Act of 1995''.</DELETED>

<DELETED>SEC. 2. FINDINGS.</DELETED>

<DELETED>    (a) Findings.--The Congress finds that--</DELETED>
        <DELETED>    (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.)--</DELETED>
                <DELETED>    (A) to promote the general economic 
                development of the United States;</DELETED>
                <DELETED>    (B) to provide for irrigation above Sioux 
                City, Iowa;</DELETED>
                <DELETED>    (C) to protect urban and rural areas from 
                devastating floods of the Missouri River; and</DELETED>
                <DELETED>    (D) for other purposes;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) replace, relocate, or reconstruct--
                </DELETED>
                        <DELETED>    (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</DELETED>
                        <DELETED>    (ii) roads, bridges, and 
                        incidental matters or facilities in connection 
                        with such facilities;</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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);</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 3. DEFINITIONS.</DELETED>

<DELETED>    For the purposes of this Act, unless the context implies 
otherwise, the following definitions shall apply:</DELETED>
        <DELETED>    (1) Fund.--The term ``Fund'' means the Crow Creek 
        Sioux Tribe Infrastructure Development Trust Fund established 
        under section 4(a).</DELETED>
        <DELETED>    (2) Plan.--The term ``plan'' means the plan for 
        socioeconomic recovery and cultural preservation prepared under 
        section 5.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (4) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior.</DELETED>
        <DELETED>    (5) Tribe.--The term ``Tribe'' means the Crow 
        Creek Sioux Tribe.</DELETED>

<DELETED>SEC. 4. ESTABLISHMENT OF CROW CREEK SIOUX TRIBE INFRASTRUCTURE 
              DEVELOPMENT TRUST FUND.</DELETED>

<DELETED>    (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''.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (d) Payment of Interest to Tribe.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Payments.--</DELETED>
                <DELETED>    (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).</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (e) Transfers and Withdrawals.--</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (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).</DELETED>

<DELETED>SEC. 5. PLAN FOR SOCIOECONOMIC RECOVERY AND CULTURAL 
              PRESERVATION.</DELETED>

<DELETED>    (a) Plan.--</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (2) Requirements for plan components.--The plan 
        shall, with respect to each component of the plan--</DELETED>
                <DELETED>    (A) identify the costs and benefits of 
                that component; and</DELETED>
                <DELETED>    (B) provide plans for that 
                component.</DELETED>
        <DELETED>    (3) Approval of crow creek tribal council.--The 
        plan shall be subject to the approval of the Crow Creek Tribal 
        Council.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (b) Content of Plan.--The plan shall include the following 
programs and components:</DELETED>
        <DELETED>    (1) Educational facility.--The plan shall provide 
        for an educational facility to be located on the Crow Creek 
        Indian Reservation.</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) needed; and</DELETED>
                <DELETED>    (B) unavailable through existing 
                facilities of the Indian Health Service on the Crow 
                Creek Indian Reservation at the time of the 
                determination.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (4) Irrigation facilities.--The plan shall provide 
        for irrigation facilities for not less than 1,792 
        acres.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 6. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    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.</DELETED>

<DELETED>SEC. 7. EFFECT OF PAYMENTS TO TRIBE.</DELETED>

<DELETED>    (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--</DELETED>
        <DELETED>    (1) the Tribe is otherwise entitled because of the 
        status of the Tribe as a federally recognized Indian tribe; 
        or</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (b) Exemptions; Statutory Construction.--</DELETED>
        <DELETED>    (1) Power rates.--No payment made pursuant to this 
        Act shall affect Missouri River basin Pick-Sloan power 
        rates.</DELETED>
        <DELETED>    (2) Statutory construction.--Nothing in this Act 
        may be construed as diminishing or affecting--</DELETED>
                <DELETED>    (A) any right of the Tribe that is not 
                otherwise addressed in this Act; or</DELETED>
                <DELETED>    (B) any treaty obligation of the United 
                States.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Crow Creek Sioux Tribe 
Infrastructure 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, 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 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 
        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 Crow Creek Sioux 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 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 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 
        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 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 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 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 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 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 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 
        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 Crow 
        Creek 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 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 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.
            Amend the title so as to read: ``A bill to provide for 
        certain benefits of the Pick-Sloan Missouri River basin program 
        to the Crow Creek Sioux Tribe, and for other purposes.''.