II 111th CONGRESS 1st Session S. 617 IN THE SENATE OF THE UNITED STATES March 17, 2009 Mr. Johnson (for himself and Mr. Thune) introduced the following bill; which was read twice and referred to the Committee on Indian Affairs 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.

1.

Short title

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

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).

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.

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.

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.