[Congressional Record Volume 142, Number 123 (Tuesday, September 10, 1996)]
[House]
[Pages H10154-H10156]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
CROW CREEK SIOUX TRIBE INFRASTRUCTURE DEVELOPMENT TRUST FUND ACT OF
1996
Mr. GALLEGLY. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 2512) to provide for certain benefits of the Missouri River
Basin Pick-Sloan project to the Crow Creek Sioux Tribe, and for other
purposes, as amended.
The Clerk read as follows:
H.R. 2512
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 ``Crow Creek Sioux Tribe
Infrastructure Development Trust Fund Act of 1996''.
SEC. 2. FINDINGS.
(a) Findings.--The Congress finds that--
(1) the 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'' (58 Stat.
887, chapter 665; 33 U.S.C. 701-1 et seq.)--
(A) to promote the general economic development of the
United States;
(B) to provide for irrigation above Sioux City, Iowa;
(C) to protect urban and rural areas from devastating
floods of the Missouri River; and
(D) for other purposes;
(2) the Fort Randall and Big Bend projects are major
components of the Pick-Sloan program, and contribute to the
national economy by generating a substantial amount of
hydropower and impounding a substantial quantity of water;
(3) the Fort Randall and Big Bend projects overlie the
western boundary of the Crow Creek Indian Reservation, having
inundated the fertile, wooded bottom lands of the Tribe along
the Missouri River that constituted the most productive
agricultural and pastoral lands of the Crow Creek Sioux Tribe
and the homeland of the members of the Tribe;
(4) Public Law 85-916 (72 Stat. 1766 et seq.) authorized
the acquisition of 9,418 acres of Indian land on the Crow
Creek Indian Reservation for the Fort Randall project and
Public Law 87-735 (76 Stat. 704 et seq.) authorized the
acquisition of 6,179 acres of Indian land on Crow Creek for
the Big Bend project;
(5) Public Law 87-735 (76 Stat. 704 et seq.) provided for
the mitigation of the effects of the Fort Randall and Big
Bend projects on the Crow Creek Indian Reservation, by
directing the Secretary of the Army to--
(A) replace, relocate, or reconstruct--
(i) any existing essential governmental and agency
facilities on the reservation, including schools, hospitals,
offices of the Public Health Service and the Bureau of Indian
Affairs, service buildings, and employee quarters; and
(ii) roads, bridges, and incidental matters or facilities
in connection with such facilities;
(B) provide for a townsite adequate for 50 homes, including
streets and utilities (including water, sewage, and
electricity), taking into account the reasonable future
growth of the townsite; and
(C) provide for a community center containing space and
facilities for community gatherings, tribal offices, tribal
council chamber, offices of the Bureau of Indian Affairs,
offices and quarters of the Public Health Service, and a
combination gymnasium and auditorium;
(6) the requirements under Public Law 87-735 (76 Stat. 704
et seq.) with respect to the mitigation of the effects of the
Fort Randall and Big Bend projects on the Crow Creek Indian
Reservation have not been fulfilled;
(7) although the national economy has benefited from the
Fort Randall and Big Bend projects, the economy on the Crow
Creek Indian Reservation remains underdeveloped, in part as a
consequence of the failure of the Federal Government to
fulfill the obligations of the Federal Government under the
laws referred to in paragraph (4);
(8) the economic and social development and cultural
preservation of the Crow Creek Sioux Tribe will be enhanced
by increased tribal participation in the benefits of the Fort
Randall and Big Bend components of the Pick-Sloan program;
and
(9) the Crow Creek Sioux Tribe is entitled to additional
benefits of the Pick-Sloan Missouri River basin program.
SEC. 3. DEFINITIONS.
For the purposes of this Act, the following definitions
shall apply:
[[Page H10155]]
(1) Fund.--The term ``Fund'' means the Crow Creek Sioux
Tribe Infrastructure Development Trust Fund established under
section 4(a).
(2) Plan.--The term ``plan'' means the plan for
socioeconomic recovery and cultural preservation prepared
under section 5.
(3) Program.--The term ``Program'' means the power program
of the Pick-Sloan Missouri River basin program, administered
by the Western Area Power Administration.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) Tribe.--The term ``Tribe'' means the Crow Creek Sioux
Tribe of Indians, a band of the Great Sioux Nation recognized
by the United States of America.
SEC. 4. ESTABLISHMENT OF CROW CREEK SIOUX TRIBE
INFRASTRUCTURE DEVELOPMENT TRUST FUND.
(a) Crow Creek Sioux Tribe Infrastructure Development Trust
Fund.--There is established in the Treasury of the United
States a fund to be known as the ``Crow Creek Sioux Tribe
Infrastructure Development Trust Fund''.
(b) Funding.--Beginning with fiscal year 1997, and for each
fiscal year thereafter, until such time as the aggregate of
the amounts deposited in the Fund is equal to $27,500,000,
the Secretary of the Treasury shall deposit into the Fund an
amount equal to 25 percent of the receipts from the deposits
to the Treasury of the United States for the preceding fiscal
year from the Program.
(c) Investments.--The Secretary of the Treasury shall
invest the amounts deposited under subsection (b) only in
interest-bearing obligations of the United States or in
obligations guaranteed as to both principal and interest by
the United States.
(d) Payment of Interest to Tribe.--
(1) Establishment of account and transfer of interest.--The
Secretary of the Treasury shall, in accordance with this
subsection, transfer any interest that accrues on amounts
deposited under subsection (b) into a separate account
established by the Secretary of the Treasury in the Treasury
of the United States.
(2) Payments.--
(A) In general.--Beginning with the fiscal year immediately
following the fiscal year during which the aggregate of the
amounts deposited in the Fund is equal to the amount
specified in subsection (b), and for each fiscal year
thereafter, all amounts transferred under paragraph (1) shall
be available, without fiscal year limitation, to the
Secretary of the Interior for use in accordance with
subparagraph (C).
(B) Withdrawal and transfer of funds.--For each fiscal year
specified in subparagraph (A), the Secretary of the Treasury
shall withdraw amounts from the account established under
such paragraph and transfer such amounts to the Secretary of
the Interior for use in accordance with subparagraph (C). The
Secretary of the Treasury may only withdraw funds from the
account for the purpose specified in this paragraph.
(C) Payments to tribe.--The Secretary of the Interior shall
use the amounts transferred under subparagraph (B) only for
the purpose of making payments to the Tribe.
(D) Use of payments by tribe.--The Tribe shall use the
payments made under subparagraph (C) only for carrying out
projects and programs pursuant to the plan prepared under
section 5.
(3) Prohibition on per capita payments.--No portion of any
payment made under this subsection may be distributed to any
member of the Tribe on a per capita basis.
(e) Transfers and Withdrawals.--Except as provided in
subsection (d)(1), the Secretary of the Treasury may not
transfer or withdraw any amount deposited under subsection
(b).
SEC. 5. PLAN FOR SOCIOECONOMIC RECOVERY AND CULTURAL
PRESERVATION.
(a) Plan.--
(1) In general.--The Tribe shall, not later than 2 years
after the date of enactment of this Act, prepare a plan for
the use of the payments made to the Tribe under section
4(d)(2). In developing the plan, the Tribe shall consult with
the Secretary of the Interior and the Secretary of Health and
Human Services.
(2) Requirements for plan components.--The plan shall, with
respect to each component of the plan--
(A) identify the costs and benefits of that component; and
(B) provide plans for that component.
(b) Content of Plan.--The plan shall include the following
programs and components:
(1) Educational facility.--The plan shall provide for an
educational facility to be located on the Crow Creek Indian
Reservation.
(2) Comprehensive inpatient and outpatient health care
facility.--The plan shall provide for a comprehensive
inpatient and outpatient health care facility to provide
essential services that the Secretary of Health and Human
Services, in consultation with the individuals and entities
referred to in subsection (a)(1), determines to be--
(A) needed; and
(B) unavailable through existing facilities of the Indian
Health Service on the Crow Creek Indian Reservation at the
time of the determination.
(3) Water system.--The plan shall provide for the
construction, operation, and maintenance of a municipal,
rural, and industrial water system for the Crow Creek Indian
Reservation.
(4) Recreational facilities.--The plan shall provide for
recreational facilities suitable for high-density recreation
at Lake Sharpe at Big Bend Dam and at other locations on the
Crow Creek Indian Reservation in South Dakota.
(5) Other projects and programs.--The plan shall provide
for such other projects and programs for the educational,
social welfare, economic development, and cultural
preservation of the Tribe as the Tribe considers to be
appropriate.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such funds as may
be necessary to carry out this Act, including such funds as
may be necessary to cover the administrative expenses of the
Crow Creek Sioux Tribe Infrastructure Development Trust Fund
established under section 4.
SEC. 7. EFFECT OF PAYMENTS TO TRIBE.
(a) In General.--No payment made to the Tribe pursuant to
this Act shall result in the reduction or denial of any
service or program to which, pursuant to 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.
(b) Exemptions; Statutory Construction.--
(1) Power rates.--No payment made pursuant to this Act
shall affect Pick-Sloan Missouri River basin power rates.
(2) Statutory construction.--Nothing in this Act may be
construed as diminishing or affecting--
(A) any right of the Tribe that is not otherwise addressed
in this Act; or
(B) any treaty obligation of the United States.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
California [Mr. Gallegly] and the gentleman from American Samoa [Mr.
Faleomavaega] each will control 20 minutes.
The Chair recognizes the gentleman from California [Mr. Gallegly].
Mr. GALLEGLY. Mr. Speaker, I yield myself such time as I may consume.
(Mr. GALLEGLY asked and was given permission to revise and extend his
remarks.)
Mr. GALLEGLY. Mr. Speaker, H.R. 2512, the proposed Crow Creek Sioux
Tribe Infrastructure Development Trust Fund Act of 1996, was introduced
by our colleague, Mr. Johnson of South Dakota, last year. It would
create a $27.5 million development fund to be used for the benefit of
the Crow Creek Sioux Tribe.
This trust fund is being created to mitigate the effects of the Ford
Randall water project and the Big Bend water project which inundated
the lands of the tribe years ago.
This development fund would provide the tribe with resources for
education facilities, health care facilities, a water system, and
recreational facilities.
The moneys going into the development fund would be derived from the
power program of the Pick-Sloan Missouri River Basin Program. The tribe
would receive payments made on an annual basis derived from the
interest earned on the development fund. H.R. 2512 is long overdue. It
is a fair and just bill, and I urge my colleagues to support it.
Mr. Speaker, I reserve the balance of my time.
Mr. FALEOMAVAEGA. Mr. Speaker, I yield myself such time as I may
consume.
(Mr. FALEOMAVAEGA asked and was given permission to revise and extend
his remarks.)
Mr. FALEOMAVAEGA. Mr. Speaker, I am pleased to support this bill,
which was introduced by my good friend, Representative Tim Johnson.
This bill rights an old wrong by compensating the Crow Creek Sioux
Tribe for the massive and devastating impact of the Pick-Sloan plan,
which authorized the construction of two dams, the Big Bend and Fort
Randall dams, on the best lands of the Crow Creek Tribe. The dams
flooded the 15,000 acres of the tribe's best grazing and woodlands and
displaced entire communities against their will. Although Congress was
aware of the extent of the damage and passed legislation in 1962 to
replace lost tribal infrastructure, buildings, and roads, the Army
Corps of Engineers and the Bureau of Indian Affairs never fulfilled our
responsibility and commitment under the provisions of the law.
I agree with Rep. Johnson of South Dakota that it is time we followed
through on our promises to the tribe. It goes without saying that we
have had a rather poor history of keeping our promises to the Indian
tribes. For example, we broke the Fort Laramie treaties of 1851 and
1868, treaties which the Crow Creek Sioux Tribe signed. We made a
promise to the Tribe almost 35 years ago that we would help them
because of all the damage that we inflicted upon them. As the ranking
member of the House Subcommittee on Native American and Insular
Affairs, I am glad to see that we are finally following through on our
promises to the tribe.
[[Page H10156]]
Mr. Speaker, the gentleman from South Dakota has worked diligently
and tirelessly on behalf of the nine recognized tribes of South Dakota,
including the Crow Creek Sioux Tribe, to get this legislation passed.
Mr. Johnson has been a loyal and hard working member of the
subcommittee, and I certainly enjoyed immensely working with him in
working on other pieces of legislation. I urge my colleagues to support
passage of this legislation.
Mr. Speaker, I reserve the balance of my time.
Mr. GALLEGLY. Mr. Speaker, I yield myself such time as I may consume.
I would just like to take a minute and thank my colleague from
American Samoa, my good friend, Eni Faleomavaega, for the bipartisan
way that we continue to work on this legislation makes it a real
pleasure for me. I want to take this time to publicly thank him.
Mr. FALEOMAVAEGA. Mr. Speaker, I yield myself such time as I may
consume.
I, too, would like to reciprocate by adding my commendation to the
distinguished gentleman from California, as the chairman of our
subcommittee, who has worked quite diligently in the past several
months in passing this legislation that affects the needs of our Native
American communities throughout the country as well as the territories.
I really would like to express my appreciation to him for the fine
working relationship that we have had over the past several months and
on a very bipartisan basis for a change, Mr. Speaker.
Mr. JOHNSON of South Dakota. Mr. Speaker, I want to thank my
colleagues for moving forward on this innovative legislation which is
particularly important to the Crow Creek Sioux Tribe and to my State of
South Dakota. I have been privileged to work with the tribe and with
Senator Daschle on this bill and its companion in the Senate, and I am
confident that my colleagues will support H.R. 2512.
The Crow Creek Sioux Tribe Infrastructure and Development Act would
establish a trust fund within the Department of the 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 small percentage of
hydropower revenues and would be capped at $27.5 million. Language
included in this bill would prohibit any increase in power rates in
connection with the trust fund. The tribe would then receive the
interest from the fund to used according to a development plan based on
legislation previously passed by Congress, and prepared in consultation
with the Bureau of Indian Affairs and the Indian Health Service.
The Flood Control Act of 1994 created six massive earthen dams along
the Missouri River. Known as the Pick-Sloan plan, this public works
project has since provided much-needed flood control, recreation,
irrigation, and hydropower for communities along the Missouri. Four of
the Pick-Sloan dams are located in South Dakota and the benefits of the
project have proven indispensable to the people of my State.
Unfortunately, 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 were inundated as a direct result of construction. The
tribal community has still not yet been adequately compensated for the
economic deprivation caused by 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. Yet, these directives
were either carried out inadequately or not at all.
Congress established precedent for the Infrastructure and Development
Act with the Three Affiliated Tribes and Standing Rock Sioux Tribe
Equitable Compensation Act of 1992, which set up a recovery fund
financed entirely from a percentage of Pick-Sloan power revenues to
compensate the tribes for lands lost to Pick-Sloan.
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.
I am proud to have introduced this legislation on behalf of the Crow
Creek Tribe, and I urge my colleagues to support this important
legislation and correct this historic injustice against the Crow Creek
Sioux Tribe.
Mr. FALEOMAVAEGA. Mr. Speaker, I yield back the balance of my time.
Mr. GALLEGLY. Mr. Speaker, I thank the gentleman for his comments,
and I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from California [Mr. Gallegly] that the House suspend the
rules and pass the bill, H.R. 2512, as amended.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the bill, as amended, was passed.
The title of the bill was amended so as to read: ``A bill to provide
for certain benefits of the Pick-Sloan Missouri River basin program to
the Crow Creek Sioux Tribe, and for other purposes.''
A motion to reconsider was laid on the table.
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