[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1562 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 1562

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 HOUSE OF REPRESENTATIVES

                             March 17, 2009

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

_______________________________________________________________________

                                 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 Compensaton.--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) Relinquishment of Further Claims.--The Lower Brule Sioux Tribe 
and the Crow Creek Sioux Tribe shall give up any further claim for 
compensation as a result of the Pick-Sloan Missouri River Basin 
Program.
    (c) No Precedent.--The provisions of this Act, growing out of the 
unique history of the Missouri River Basin Program, shall not be 
considered as a precedent for any non-Missouri River Basin Program 
Indian Tribe in any claim they might make against the United States of 
America.

SEC. 6. DEFINITION.

    A ``non-Missouri River Basin Program Indian Tribe'' means any 
Indian Tribe, recognized by the Department of the Interior, that does 
not border the Missouri River.
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