[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5139 Introduced in House (IH)]






108th CONGRESS
  2d Session
                                H. R. 5139

    To enhance and provide to the Oglala Sioux Tribe and Angostura 
 Irrigation Project certain benefits of the Pick-Sloan Missouri River 
                             basin program.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 23, 2004

 Ms. Herseth introduced the following bill; which was referred to the 
                         Committee on Resources

_______________________________________________________________________

                                 A BILL


 
    To enhance and provide to the Oglala Sioux Tribe and Angostura 
 Irrigation Project certain benefits of the Pick-Sloan Missouri River 
                             basin program.

    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 ``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.
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