[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 374 Reported in Senate (RS)]







                                                       Calendar No. 624
109th CONGRESS
  2d Session
                                 S. 374

                          [Report No. 109-344]

To provide compensation to the Lower Brule and Crow Creek Sioux Tribes 
of South Dakota for damage to tribal land caused by Pick-Sloan projects 
                       along the Missouri River.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 14, 2005

Mr. Thune (for himself and Mr. Johnson) introduced the following bill; 
  which was read twice and referred to the Committee on Indian Affairs

                           September 20, 2006

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

_______________________________________________________________________

                                 A BILL


 
To provide compensation to the Lower Brule and Crow Creek Sioux Tribes 
of South Dakota for damage to tribal land caused by Pick-Sloan projects 
                       along the Missouri River.

    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 ``Tribal Parity 
Act''.</DELETED>

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

<DELETED>    Congress finds that--</DELETED>
        <DELETED>    (1) the Pick-Sloan Missouri River Basin Program 
        (authorized by section 9 of the Act of December 22, 1944 
        (commonly known as the ``Flood Control Act of 1944'') (58 Stat. 
        891)), was approved to promote the general economic development 
        of the United States;</DELETED>
        <DELETED>    (2) the Fort Randall and Big Bend dam and 
        reservoir projects in South Dakota--</DELETED>
                <DELETED>    (A) are major components of the Pick-Sloan 
                Missouri River Basin Program; and</DELETED>
                <DELETED>    (B) contribute to the national 
                economy;</DELETED>
        <DELETED>    (3) the Fort Randall and Big Bend projects 
        inundated the fertile bottom land of the Lower Brule and Crow 
        Creek Sioux Tribes, which greatly damaged the economy and 
        cultural resources of the Tribes;</DELETED>
        <DELETED>    (4) Congress has provided compensation to several 
        Indian tribes, including the Lower Brule and Crow Creek Sioux 
        Tribes, that border the Missouri River and suffered injury as a 
        result of 1 or more Pick-Sloan Projects;</DELETED>
        <DELETED>    (5) the compensation provided to those Indian 
        tribes has not been consistent;</DELETED>
        <DELETED>    (6) Missouri River Indian tribes that suffered 
        injury as a result of 1 or more Pick-Sloan Projects should be 
        adequately compensated for those injuries, and that 
        compensation should be consistent among the Tribes; 
        and</DELETED>
        <DELETED>    (7) the Lower Brule Sioux Tribe and the Crow Creek 
        Sioux Tribe, based on methodology determined appropriate by the 
        General Accounting Office, are entitled to receive additional 
        compensation for injuries described in paragraph (6), so as to 
        provide parity among compensation received by all Missouri 
        River Indian tribes.</DELETED>

<DELETED>SEC. 3. LOWER BRULE SIOUX TRIBE.</DELETED>

<DELETED>    Section 4(b) of the Lower Brule Sioux Tribe Infrastructure 
Development Trust Fund Act (Public Law 105-132; 111 Stat. 2565) is 
amended by striking ``$39,300,000'' and inserting 
``$186,822,140''.</DELETED>

<DELETED>SEC. 4. CROW CREEK SIOUX TRIBE.</DELETED>

<DELETED>    Section 4(b) of the Crow Creek Sioux Tribe Infrastructure 
Development Trust Fund Act of 1996 (Public Law 104-223; 110 Stat. 3027) 
is amended by striking ``$27,500,000'' and inserting 
``$105,917,853''.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Lower Brule and Crow Creek Tribal 
Compensation Act''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the Pick-Sloan Missouri River Basin Program (authorized 
        by section 9 of the Act of December 22, 1944 (commonly known as 
        the ``Flood Control Act of 1944'') (58 Stat. 891)), was 
        approved to promote the general economic development of the 
        United States;
            (2) the Fort Randall and Big Bend dam and reservoir 
        projects in South Dakota--
                    (A) are major components of the Pick-Sloan Missouri 
                River Basin Program; and
                    (B) contribute to the national economy;
            (3) the Fort Randall and Big Bend projects inundated the 
        fertile bottom land of the Lower Brule and Crow Creek Sioux 
        Tribes, which greatly damaged the economy and cultural 
        resources of the Tribes;
            (4) Congress has provided compensation to several Indian 
        tribes, including the Lower Brule and Crow Creek Sioux Tribes, 
        that border the Missouri River and suffered injury as a result 
        of 1 or more Pick-Sloan Projects;
            (5) the compensation provided to those Indian tribes has 
        not been consistent;
            (6) Missouri River Indian tribes that suffered injury as a 
        result of 1 or more Pick-Sloan Projects should be adequately 
        compensated for those injuries, and that compensation should be 
        consistent among the Tribes; and
            (7) the Lower Brule Sioux Tribe and the Crow Creek Sioux 
        Tribe are entitled to receive additional compensation for 
        injuries described in paragraph (6).

SEC. 3. LOWER BRULE SIOUX TRIBE.

    Section 4(b) of the Lower Brule Sioux Tribe Infrastructure 
Development Trust Fund Act (Public Law 105-132; 111 Stat. 2565) is 
amended by striking ``$39,300,000'' and inserting ``$129,822,085''.

SEC. 4. CROW CREEK SIOUX TRIBE.

    Section 4(b) of the Crow Creek Sioux Tribe Infrastructure 
Development Trust Fund Act of 1996 (Public Law 104-223; 110 Stat. 3027) 
is amended by striking ``$27,500,000'' and inserting ``$69,222,084''.

SEC. 5. TREATMENT AS FINAL COMPENSATION.

    This Act shall be considered to be full and final compensation to 
the Lower Brule Sioux Tribe and the Crow Creek Sioux Tribe for damages 
caused by construction of the Fort Randall Dam and the Big Bend Dam 
under the Pick-Sloan Missouri River Basin Program.
                                                       Calendar No. 624

109th CONGRESS

  2d Session

                                 S. 374

                          [Report No. 109-344]

_______________________________________________________________________

                                 A BILL

To provide compensation to the Lower Brule and Crow Creek Sioux Tribes 
of South Dakota for damage to tribal land caused by Pick-Sloan projects 
                       along the Missouri River.

_______________________________________________________________________

                           September 20, 2006

                       Reported with an amendment