[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2489 Reported in Senate (RS)]






                                                      Calendar No. 1090
110th CONGRESS
  2d Session
                                S. 2489

                          [Report No. 110-506]

    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 SENATE OF THE UNITED STATES

                           December 14, 2007

Mr. Johnson (for himself and Mr. Thune) 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 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 approximately 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) the Reservation experiences extremely high rates of 
        unemployment and poverty;
            (6) there is a need for economic development on the 
        Reservation;
            (7) the national economic development benefits of the 
        Angostura Unit do not extend to the Reservation;
            (8) the Angostura Unit may be associated with negative 
        effects on water quality and riparian vegetation in the 
        Cheyenne River on the Reservation;
            (9) 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
            (10) 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 (33 U.S.C. 701-1 et seq.) 
        (commonly known as the ``Flood Control Act of 1944'').
            (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.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (7) Tribal council.--The term ``Tribal Council'' means the 
        governing body of the Tribe.
            (8) Tribe.--The term ``Tribe'' means the Oglala Sioux Tribe 
        of the Pine Ridge Indian Reservation.

SEC. 4. MODERNIZATION.

    (a) Modernization of Facilities at Angostura Unit.--
            (1) 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)''.
            (2) Nonreimbursability.--The cost of the modernization and 
        improvement of the facilities at the Angostura Unit shall be 
        carried out on a nonreimbursable basis.
    (b) 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 
as an instream flow of the Cheyenne River to be used for fish and 
wildlife purposes and environmental restoration on the Reservation.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out subsection (a) $4,660,000, to remain 
available until expended.

SEC. 5. DEVELOPMENT.

    (a) Oglala Sioux Tribal Development Trust Fund.--
            (1) 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 Act.
            (2) Funding.--Not later than the first day of the 11th 
        fiscal year that begins after the date of enactment of this 
        Act, the Secretary of the Treasury shall deposit in the Fund, 
        from the general fund of the Treasury, $92,500,000.
            (3) Investment of trust fund.--
                    (A) 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.
                    (B) Eligible obligations.--Notwithstanding any 
                other provision of law, the Secretary of the Treasury 
                shall invest the amounts deposited under paragraph (2) 
                and the interest earned on those amounts only in 
                interest-bearing obligations of the United States 
                issued directly to the Fund.
                    (C) Interest.--The Secretary of the Treasury shall 
                deposit interest resulting from such investments into 
                the Fund.
            (4) Payment of interest to tribe.--
                    (A) Withdrawal of interest.--On October 1st of each 
                year, 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 subparagraph (C).
                    (B) Availability.--Each amount transferred under 
                subparagraph (A) shall be available without fiscal year 
                limitation.
                    (C) Payments to tribe.--
                            (i) In general.--The Secretary shall use 
                        the amounts transferred under subparagraph (A) 
                        only for the purpose of making payments to the 
                        Tribe, as such payments are requested by the 
                        Tribe pursuant to tribal resolution.
                            (ii) Limitation.--Payments may be made by 
                        the Secretary under clause (i) only after the 
                        Tribe has adopted a plan under paragraph (6).
                            (iii) Use of payments by tribe.--The Tribe 
                        shall use the payments made under this 
                        subparagraph only for carrying out projects and 
                        programs under the plan prepared under 
                        paragraph (6).
            (5) Limitation on transfers and withdrawals.--Except as 
        provided in paragraphs (3) and (4)(A), the Secretary of the 
        Treasury shall not transfer or withdraw any amount deposited 
        into the Fund under paragraph (2).
            (6) Development plan.--
                    (A) In general.--Not later than 18 months after the 
                date of enactment of this Act, the Tribal Council shall 
                prepare a plan for the use of the payments to the Tribe 
                under paragraph (4).
                    (B) Contents.--The plan shall provide for the 
                manner in which the Tribe shall expend payments to the 
                Tribe under paragraph (4) to promote--
                            (i) economic development;
                            (ii) infrastructure development;
                            (iii) the educational, health, 
                        recreational, and social welfare objectives of 
                        the Tribe and members of the Tribe; or
                            (iv) any combination of the activities 
                        described in clauses (i) through (iii).
                    (C) Plan review and revision.--
                            (i) 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.
                            (ii) Updating of plan.--
                                    (I) In general.--The Tribal Council 
                                may, on an annual basis, revise 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.
                            (iii) Consultation.--In preparing the plan 
                        and any revisions to the plan, the Tribal 
                        Council shall consult with the Secretary and 
                        the Secretary of Health and Human Services.
                    (D) Audit.--
                            (i) 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.
                            (ii) Determination by auditors.--The 
                        auditors that conduct the audit under this 
                        subparagraph 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).
                            (iii) Inclusion of findings with 
                        publication of proceedings of tribal council.--
                        A copy of the written findings of the audit 
                        described in this subparagraph 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.
            (7) Prohibition of per capita payments.--No portion of any 
        payment made under this Act may be distributed to any member of 
        the Tribe on a per capita basis.
    (b) Eligibility of Tribe for Certain Programs and Services.--No 
payment made to the Tribe under this Act 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.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to pay the administrative 
expenses of the Fund.
    (d) Disclaimer of Effects.--Nothing in this Act affects--
            (1) any right or claim of the Tribe under the Treaty of 
        Fort Laramie of September 17, 1851 (11 Stat. 749);
            (2) any right or claim of the Tribe under the Treaty of 
        Fort Laramie of April 29, 1868 (15 Stat. 635); or
            (3) the reserved water rights of the Tribe under the 
        principles of Winters v. United States (207 U.S. 564 (1908)).
                                                      Calendar No. 1090

110th CONGRESS

  2d Session

                                S. 2489

                          [Report No. 110-506]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

           September 25 (legislative day, September 17), 2008

                       Reported without amendment