[Congressional Record Volume 141, Number 163 (Friday, October 20, 1995)]
[Extensions of Remarks]
[Page E1987]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




      CROW CREEK SIOUX TRIBE INFRASTRUCTURE TRUST FUND ACT OF 1995

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                            HON. TIM JOHNSON

                            of south dakota

                    in the house of representatives

                       Thursday, October 19, 1995

  Mr. JOHNSON of South Dakota. Mr. Speaker, today, I am introducing 
legislation to establish a trust fund within the Department of Treasury 
for the development of certain tribal infrastructure projects for the 
Crow Creek Tribe. These projects were outlined in previous legislation 
but were never completed due to limited funding sources. The Crow Creek 
Development trust fund would be capitalized from a percentage of 
hydropower revenues and would be capped at $27.5 million. The tribe 
would then receive the interest from the fund to be used according to a 
development plan based on legislation previously passed by Congress, 
and prepared in conjunction with the Bureau of Indian Affairs and the 
Indian Health Service.
  The Flood Control Act of 1944 created five massive earthen dams along 
the Missouri River. This public works project, known as the Pick-Sloan 
Plan, has since provided flood control, irrigation, and hydropower for 
communities along the Missouri. Four of the Pick-Sloan dams are located 
in South Dakota.
  The Impact of the Pick-Sloan plan on the Crow Creek Sioux Tribe has 
been devastating. Construction of the Big Bend and Fort Randall dams 
was severely detrimental to economic and agricultural development for 
the Crow Creek Tribe. Over 15,000 acres of the tribe's most fertile and 
productive land, the Missouri River wooded bottom lands, were inundated 
as a direct result of the Fort Randall and Big Ben dam construction. 
The tribal community has still not yet been adequately compensated for 
the economic deprivation brought about with Pick-Sloan.
  Through the Big Bend Act of 1962, Congress directed the U.S. Army 
Corps of Engineers and the Department of the Interior to take certain 
actions to alleviate the problems caused by the destruction of tribal 
resources and displacement of entire communities. These directives were 
either carried out inadequately or not at all. The legislation I am 
introducing is the first step toward keeping the promises Congress made 
to the Crow Creek Sioux Tribe.
  Congress established precedent for this legislation with the Three 
Affiliated Tribes and Standing Rock Sioux Tribe Equitable Compensation 
Act of 1992. At that time, Congress determined that the U.S. Army Corps 
of Engineers failed to provide adequate compensation to the tribes when 
their lands were acquired for the Pick-Sloan projects. There is little 
controversy on finding that the tribes bore an inordinate share of the 
cost of implementing the Pick-Sloan program. The Secretary of the 
Interior established the Joint Tribal Advisory Committee to resolve the 
inequities and find ways to finance the compensation of tribal claims. 
As a result, the Three Affiliated Tribes and Standing Rock Sioux Tribe 
Equitable Compensation Act set up a recovery fund financed entirely 
from a percentage of Pick-Sloan power revenues.
  The Crow Creek Sioux Tribe Infrastructure Development Fund Act of 
1995 will enable the Crow Creek Tribe to address and improve their 
infrastructure and will provide the needed resources for further 
economic development at the Crow Creek Indian reservation.
  This legislation has broad support in South Dakota. South Dakota 
Governor Bill Janklow strongly endorses this funding mechanism to 
develop infrastructure at the Crow Creek Sioux reservation. I am 
including a letter of support from Governor Janklow to be printed in 
the Record.
  I urge my colleagues to strongly support this important legislation 
and correct this historic injustice against the Crow Creek Sioux Tribe.


                                        State of South Dakota,

                                                    June 22, 1995.
     Hon Duane Big Eagle,
     Chairman of the Crow Creek Sioux Tribe, Post Office Box 50, 
         Fort Thompson, South Dakota 57501
       Dear Chairman Big Eagle: Thank you for giving me a copy of 
     the proposed federal legislation that requires the federal 
     government to fulfill the commitments made to the Crow Creek 
     Sioux Tribe in the Big Bend Act of 1962.
       I wholeheartedly support this legislation and your efforts 
     to develop Fort Thompson with the infrastructure and 
     community facilities that the Crow Creek community should 
     have received long ago. The method for funding in the bill is 
     fair and I hope a majority of both houses of Congress and the 
     President will realize the importance of passing this bill 
     and signing it into law.
       In several different ways, all of the various groups of 
     people who live in South Dakota have not received the 
     benefits promised when the great dams were built in the 
     1950s. The persistence of the members of the Crow Creek Sioux 
     Tribe to right this wrong is worthy of high praise. 
     Congratulations on creating an excellent proposal.
       If there is anything I can do to help you, please let me 
     know.
           Sincerely,
                                               William J. Janklow,
     Governor.

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