[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 160 Reported in Senate (RS)]






                                                      Calendar No. 1089
110th CONGRESS
  2d Session
                                 S. 160

                          [Report No. 110-505]

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

                            January 4, 2007

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

           September 25 (legislative day, September 17), 2008

               Reported by Mr. Dorgan, without amendment

_______________________________________________________________________

                                 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,

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.

    (a) Full and 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.
    (b) Release of Further Claims.--The Lower Brule Sioux Tribe and the 
Crow Creek Sioux Tribe shall release any further claim for compensation 
as a result of the Pick-Sloan Missouri River Basin Program.
    (c) No Precedent for Other Tribes.--
            (1) Definition of non-missouri river basin program indian 
        tribe.--In this paragraph, the term ``non-Missouri River Basin 
        Program Indian tribe'' means any federally recognized Indian 
        tribe the land under the control of which does not border the 
        Missouri River.
            (2) No precedent.--This Act--
                    (A) is a result of the unique history of the 
                Missouri River Basin Program; and
                    (B) shall not be considered to be a precedent for 
                any non-Missouri River Basin Program Indian tribe with 
                respect to any potential claim of the non-Missouri 
                River Basin Program Indian tribe against the United 
                States.
                                                      Calendar No. 1089

110th CONGRESS

  2d Session

                                 S. 160

                          [Report No. 110-505]

_______________________________________________________________________

                                 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 25 (legislative day, September 17), 2008

                       Reported without amendment