[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.

                          ____________________