[Congressional Record Volume 143, Number 148 (Wednesday, October 29, 1997)]
[Senate]
[Pages S11352-S11358]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DASCHLE (for himself and Mr. Johnson):
  S. 1341. A bill to provide for mitigation of terrestrial wildlife 
habitat lost as a result of the construction and operation of the Pick-
Sloan Missouri River Basin program in the State of South Dakota, and 
for other purposes; to the Committee on Environment and Public Works.


The Cheyenne River Sioux Tribe, Lower Brule Sioux Tribe, and the State 
  of South Dakota Terrestrial Wildlife Habitat Mitigation Act of 1997

  Mr. DASCHLE. Mr. President, on behalf of the South Dakota 
congressional delegation and Gov. Bill Janklow, I am today introducing 
the Cheyenne River Sioux Tribe, Lower Brule Sioux Tribe, and the State 
of South Dakota Terrestrial Wildlife Habitat Mitigation Act. This 
proposal, which is the culmination of more than 2 years of discussion 
with Governor Janklow and his staff, South Dakota tribal leaders, 
representatives of South Dakota sportsmen groups and affected citizens, 
lays out a plan for resolving some of the environmental and 
jurisdictional problems created by the construction of the main stem 
dams nearly 40 years ago.
  Land transfers and their attendant jurisdictional implications are 
serious issues with real world ramifications, and it has been the 
Governor's and my goal throughout this process to achieve consensus on 
how to proceed. The introduction of this legislation is one more step 
on the path to that consensus. I would like to take this opportunity to 
outline the bill, explain how we got to this point and suggest where we 
might go from here.
  More than a half century ago, Congress set in motion a series of 
events that resulted in an extraordinary loss of land and wildlife 
habitat by the State of South Dakota, tribes, and individual landowners 
along the Missouri River. This loss of land and the accompanying 
fractionation of jurisdiction has fueled extensive and costly 
litigation over the regulation of hunting and fishing along the river. 
Moreover, the Federal Government has never mitigated the impact of the 
dams on critical wildlife habitat, as it is required to do by the 1958 
Fish and Wildlife Coordination Act. The legislation I am introducing 
today is an attempt to settle those issues without further litigation, 
to provide a means to fairly compensate the State of South Dakota and 
the tribes for the loss of habitat, and to expand public hunting 
opportunities for sportsmen.
  This bill would not have been possible without the efforts of many 
South Dakotans. Governor Janklow and I have worked closely together for 
over 2 years to craft this compromise. Many tribal leaders in the State 
have provided constructive input throughout this process. In 
particular, I would like to acknowledge Chairman Michael Jandreau of 
the Lower Brule Sioux Tribe and Chairman Gregg Bourland of the Cheyenne 
River Sioux Tribe for their wise advice, friendship and guidance.
  Senator Johnson and Congressman  Thune have approached this often 
contentious project with open minds. It is significant that Senator 
Johnson is a cosponsor of this bill and that Representative Thune will 
introduce a companion measure in the House of Representatives.
  I would also like to thank John Cooper, the secretary of the South 
Dakota Game, Fish, and Parks Department, for the enormous amount of 
time he spent holding public meetings and diligently working with all 
interested parties to sketch out the broad contours of this compromise 
as well as to craft the small details. His patience and imagination 
have been critical to the successful development of this legislation.
  Finally, our draft proposal was discussed with representatives of the 
United Sportsmen and South Dakota Wildlife Federation. Both groups made 
constructive comments about the draft, and I appreciate their 
endorsement of the bill we are introducing today.
  The Cheyenne River Sioux Tribe, Lower Brule Sioux Tribe, and the 
State of South Dakota Terrestrial Wildlife Habitat Mitigation Act 
establishes trust funds to compensate the State and the tribes for the 
terrestrial wildlife habitat that was lost due to construction of the 
mainstem Missouri River dams. It transfers to the Interior Department 
to be held in trust for the tribes the lands that were acquired for the 
Pick-Sloan project and that remain above the exclusive flood pool. The 
tribes will be able to regulate hunting and fishing on those lands for 
all who wish to use them, as long as they accept the conditions of the 
bill, which include protecting the ability of the heirs and assignees 
of Indian and non-Indian ranchers who lost land to the construction of 
the dams to graze on those lands and reaching agreement with the State 
on rules governing fishing on the Missouri River within reservation 
boundaries. Unless otherwise agreed to by the tribes and the State, 
recreation areas currently operated by the corps within the boundaries 
of the Indian reservations will be transferred into trust for those 
tribes to manage, while recreation areas located outside of the 
boundaries of Indian reservations will be leased to the State.
  Since there is insufficient Federal project land in South Dakota on 
which to perform the necessary wildlife habitat mitigation, this 
legislation would authorize the tribes and the State to spend revenues 
from the trust funds on other projects related to wildlife conservation 
and public access to habitat throughout the State. The result should be 
expanded opportunity for South Dakota hunters.
  Through the trust funds, the tribes and State will have a steady 
source of funding with which to implement formal wildlife habitat 
mitigation plans.
  To supplement those plans, the tribes and State will be able to use 
revenues from the trust funds to implement plans developed in 
consultation with the U.S. Fish and Wildlife Service to lease private 
lands for the protection of

[[Page S11353]]

important habitat, including habitat for threatened and endangered 
species. Private landowners who participate in this program will be 
required to provide public access for sportsmen during hunting season. 
The South Dakota Game, Fish and Parks Department estimates that over 
200,000 acres of private land will be enrolled in this program, 
significantly expanding public hunting opportunities for sportsmen 
throughout the State.
  The tribes and the State will be able to use proceeds from the trust 
funds to operate the recreation areas.
  The tribes and the State will be able to use the funds to develop, 
maintain and protect wildlife habitat and recreation areas along the 
Missouri River.
  And, the tribes will be able to use revenues from the fund to protect 
native American cultural sites threatened by the operation of the Pick-
Sloan project.
  To understand the approach taken by this legislation, it is necessary 
to understand the events that were prologue to its development. In 
response to a series of major floods along the upper Missouri River in 
the early part of this century, Congress enacted the Flood Control Act 
of 1944, which called for implementation of a plan developed by General 
Pick of the U.S. Army Corps of Engineers and William Sloan of the 
Bureau of Reclamation, known as the Pick-Sloan plan, to establish a 
series of dams along the river. By authorizing the construction of 
these massive earthen dams, this law played a critical role in shaping 
the future development of the State and of the downstream States that 
benefited from meaningful flood control.
  By hosting these dams, South Dakota has provided valuable storage of 
water in the region, preventing flooding, and allowing development 
along the river in downstream States all the way to the Mississippi 
River. The sacrifices South Dakota made for this purpose, however, can 
be counted in the loss of roughly a quarter of a million acres of the 
most productive, unique, and irreplaceable cottonwood forests and river 
bottomland in the upper Great Plains.
  Land that once provided habitat and critical wintering cover for 
nearly 400 species of wildlife is now submerged. The remains of those 
cottonwood forests can be seen today from the banks of the mainstem 
reservoirs, their dead tops sticking out of the water reminding all of 
us what was once such an integral element of the upper Great Plains 
ecosystem. The effects of that loss also can be felt today. Last 
winter, South Dakota suffered through some of the most severe weather 
in recent memory. Wildlife throughout the State, unable to find 
sufficient cover, froze to death in vast numbers.
  At the time the Pick-Sloan project was being constructed, Congress 
passed the Fish and Wildlife Coordination Act of 1958. That law 
officially recognized the severe loss of wildlife habitat that could 
accompany the construction of water projects and, as a result, required 
the Federal construction agency--in this case the Corps of Engineers--
to consult with the U.S. Fish and Wildlife Service and the State 
wildlife agency for the purposes of determining the possible damage to 
wildlife resources and for the purposes of determining means and 
measures that should be adopted to prevent the loss of or damage to 
such wildlife resources, as well as to provide concurrently for the 
development and improvement of such resources. This requirement applied 
to any Federal project not yet 60 percent complete at the time of 
enactment. In South Dakota, this meant the Oahe and Big Bend dams. 
Despite the requirements of the 1958 Fish and Wildlife Coordination 
Act, the Federal Government has never adequately mitigated the loss of 
habitat that accompanied those projects.
  It may be impossible to completely recreate the unique habitat that 
once existed along the Missouri River. However, the Federal Government 
does bear the responsibility to the State and tribes of South Dakota to 
do whatever it can to mitigate that loss. Between 1960 and 1982, the 
corps developed seven major plans to mitigate the lost wildlife 
habitat. However, since each of those plans proposed the politically 
unpopular fee title acquisition of land and since the corps did not 
forward any of these plans to Congress for authorization, none was ever 
implemented.
  In 1982, the Corps of Engineers developed a new plan, known as the 
Post-Authorization Mitigation Report for Fish and Wildlife Mitigation, 
Lake Oahe and Sharpe, SD. This plan, which called for mitigating only a 
fraction of the habitat that was lost, was unique in that it did not 
rely on acquisition of land in fee title, but rather made existing 
project lands available for mitigation work. An unsteady history of 
implementation of the 1982 plan began in 1989. In 1990, funding was cut 
off and then eventually restored. The corps again terminated funding 
for the project in 1995, only to restore it in the face of delegation 
opposition.
  It has become clear that wildlife habitat mitigation for Lakes Oahe 
and Sharpe are not high priorities for the Corps of Engineers. While I 
recognize that this is attributable in some measure to the levels of 
funding provided that agency by Congress, that does not excuse the 
Federal Government of its responsibility to mitigate the lost habitat.
  Another important feature of the legislation being introduced today 
deals with the management of the Corps of Engineers' recreation areas 
in the State. In partial compensation for South Dakota's sacrifice of 
prime lands to the construction of the dams, Congress had intended that 
considerable irrigation development would occur along the Missouri 
River. While irrigation development has fallen far short of 
expectations, today roughly 5.1 million residents and nonresidents 
benefit by using the reservoirs for camping, fishing, boating, hunting, 
and general recreation.
  Despite the use that these reservoirs enjoy, there is serious concern 
over the corp's ability to continue to maintain its extensive network 
of recreation areas along the river. Adjusted for inflation, the corps' 
budget for this purpose has shrunk by 30 percent since 1993. Prospects 
for reversing this trend are poor, making the challenge of funding both 
wildlife habitat mitigation and recreation area maintenance more and 
more daunting in the future.
  That is why this legislation would transfer those recreation areas to 
the tribes and the State and why the trust funds would be used to 
provide a predictable source of funding to meet the needs of the 5.1 
million people who use those facilities.
  There is solid precedent for the establishment of dedicated trust 
funds to compensate the tribes and the State for losses suffered as a 
result of these projects. In 1992 Congress enacted the Standing Rock 
and Three Affiliated Tribes Infrastructure Compensation Act, 
establishing a trust fund to compensate the tribes for infrastructure 
losses suffered as a result of construction of the dams. That trust 
fund was capitalized with funding equal to 25 percent of the annual 
revenues to the Western Area Power Administration from sales of 
hydropower generated by the mainstem dams of the Missouri River. In 
1996, Congress unanimously passed the Crow Creek Infrastructure 
Compensation Act, establishing a similar fund, and I expect Congress to 
pass a similar bill for the Lower Brule Sioux Tribe in the near future.
  In short, Congress has recognized the appropriateness of linking 
legitimate compensation for losses resulting from the construction of 
the dams to the power revenues those dams generate. The legislation I 
am introducing today adopts that same principle.
  As I mentioned, the development of this legislation has involved 
extensive discussion and negotiation among many interested parties 
throughout the State. The bill has undergone five drafts over the 
course of nearly 10 months. A number of public meetings have been held 
to discuss the bill, and Governor Janklow and I have received, 
considered, and responded to, comments and suggestions from interested 
members of the public.
  The tribes expressed a strong desire to protect their jurisdiction 
over the hunting and fishing of tribal members. The legislation adopts 
a cooperative

[[Page S11354]]

State-tribal enforcement system based on a previous Memorandum of 
Agreement reached between the Lower Brule Sioux Tribe and the South 
Dakota Game, Fish, and Parks Department--a system that respects and 
protects tribal sovereignty. To transfer the land to trust status and 
to keep the land in trust, the tribes would implement an enforcement 
system whereby both the State and the tribes would be able to arrest 
violators of fish and game rules on the waters of the Missouri River 
within Indian reservation boundaries, with tribal members prosecuted in 
tribal or Federal court and non-Indians prosecuted in State or Federal 
court. This protects tribal jurisdiction over tribal members and should 
maximize the effectiveness of fish and game enforcement efforts along 
the river. Also, under the bill, participating tribes will be able to 
establish seasons and bag limits for hunting on the lands that will be 
transferred into trust and to enforce those rules against all those who 
will hunt on those lands--an opportunity they are denied currently.
  In response to concerns expressed by the tribes about the effect of 
the bill on treaty rights and water rights, language has been included 
in the bill stating that both treaty rights and water rights will be 
protected.
  A number of counties expressed concern that they would lose their 75-
percent share of revenues from leases the corps currently holds on the 
transferred lands. Under the bill, the Department of the Interior will 
be responsible for maintaining those leases. To ensure that the 
counties are not penalized by the transfer of the land to trust status 
the bill directs the Department of the Interior to pay the affected 
counties 100 percent of the revenues from leases on the lands.
  Sportsmen commented that the State should obtain new lands to 
mitigate the loss of wildlife habitat. The bill transfers the 20,000 
acre Bureau of Reclamation's Blunt Reservoir and Pierre Canal lands to 
the State for that purpose. Since the land will be transferred in fee 
title, the State will pay the county taxes on that land.
  Non-Indian ranchers and Indian allottees who lost land or whose 
ancestors lost land to the construction of the dams, urged that the 
bill clarify that heirs or assignees be granted the right to graze on 
the lands taken from them or their ancestors, that access easements be 
guaranteed, and that any tribe or agency requiring fencing be 
responsible for installing and maintaining it. This legislation 
safeguards that grazing opportunity.
  Those with easements and rights-of-way on land that would be 
transferred to the Interior Department, such as the electric utilities, 
asked that language be added to protect those easements and rights-of-
way. Broad language has been added to preserve existing easements on 
any lands transferred to the Interior Department to be held in trust 
for the tribes and on any recreation areas leased to the State.
  The Corps of Engineers needs to ensure that it retain its ability to 
operate the reservoirs. The bill protects its ability to do so.
  Despite these modifications, not every concern or comment could be 
addressed. Some South Dakota tribes that do not border the river have 
expressed frustration that they were not included in this legislation. 
It has been our intention from the beginning of this process to include 
all eligible tribes in this legislation. Since the 1958 Fish and 
Wildlife Coordination Act calls for the Federal Government to mitigate 
the loss of habitat that occurred due to construction of the Oahe and 
Big Bend dams, all the tribes that lost habitat due to the construction 
of those projects qualify for mitigation under Federal law and have 
been invited to participate in this bill.
  Two eligible tribes--the Standing Rock Sioux Tribe and the Crow Creek 
Sioux Tribe--have decided not to be part of this arrangement at this 
point. I respect their decisions, and they are not included in the 
legislation.
  In summary, Mr. President, the State of South Dakota, the Federal 
Government, the tribes, the wildlife and all who use these reservoirs 
for hunting, fishing, and recreation will benefit from this bill. It 
provides for a fair resolution to the environmental and jurisdictional 
problems created by the construction of the main stem dams nearly 40 
years ago.
  I am hopeful that the appropriate congressional committees will 
schedule action on this legislation as soon as possible so that further 
testimony can be heard and necessary refinements can be made. Our goal 
is to enact a bill that will allow meaningful wildlife habitat 
mitigation to begin, resolve the regulatory issues relating to hunting 
and fishing along the Missouri River, provide the public with well-
maintained recreation areas along the Missouri River and expand hunting 
opportunities long into the future.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1341

       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 ``Cheyenne River Sioux Tribe, 
     Lower Brule Sioux Tribe, and State of South Dakota 
     Terrestrial Wildlife Habitat Mitigation Act of 1997''.

     SEC. 2. FINDINGS; PURPOSES.

       (a) Findings.--Congress finds that--
       (1) under 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.), Congress approved the Pick-
     Sloan Missouri River Basin program--
       (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 Big Bend and Oahe projects are major components of 
     the Pick-Sloan Missouri River Basin program that contribute 
     to the national economy by generating a substantial amount of 
     hydropower and impounding a substantial quantity of water to 
     provide flood control and other benefits for all States and 
     tribes in the Missouri River Basin;
       (3) to carry out the Pick-Sloan Missouri River Basin 
     program, the Secretary of the Army acquired approximately 
     500,000 acres of land from the State of South Dakota, 4 
     Indian tribes, and private individuals;
       (4) as of the date of enactment of this Act, of the acreage 
     referred to in paragraph (3), approximately 200,000 acres 
     remain at an elevation above that of the top of the exclusive 
     flood pool of the projects of the program;
       (5) of the approximately 200,000 acres of dry land referred 
     to in paragraph (4), approximately 80,000 acres are located 
     within the exterior boundaries of the Cheyenne River 
     Reservation, Crow Creek Reservation, Lower Brule Reservation, 
     and Standing Rock Reservation;
       (6) as a result of the inundation from the construction of 
     the Big Bend and Oahe projects, the State of South Dakota and 
     the 4 Indian reservations referred to in paragraph (5) lost 
     approximately 250,000 acres of fertile, wooded bottom land 
     along the Missouri River;
       (7) the lost acreage constituted some of the most 
     productive, unique, and irreplaceable acres of wildlife 
     habitat in the State of South Dakota, including habitat for 
     game and nongame species (including species that are listed 
     as endangered or threatened species under Federal or State 
     law);
       (8) the Federal Government has never applied the Fish and 
     Wildlife Coordination Act (16 U.S.C. 661 et seq.) in such a 
     manner as to adequately mitigate the loss of habitat in the 
     State of South Dakota and on affected Indian reservations 
     within the State;
       (9) an insufficient quantity of Federal land within the 
     boundaries of projects of the Pick-Sloan Missouri River Basin 
     program is available in the State of South Dakota to provide 
     adequate mitigation of the loss of habitat;
       (10) because of complicated land ownership patterns along 
     the Missouri River, there have been many jurisdictional 
     disputes over the control of the land along the river, 
     including disputes concerning--
       (A) the jurisdiction of tribal or State courts over hunting 
     and fishing activities--
       (i) on land of the Pick-Sloan Missouri River Basin program 
     projects located within an Indian reservation; or
       (ii) on the Missouri River;
       (B) the establishment and enforcement of hunting and 
     fishing seasons and limits; and
       (C) hunting and fishing license requirements;
       (11) the jurisdictional disputes referred to in paragraph 
     (10)--
       (A) have been, and continue to be, adjudicated in Federal 
     courts; and
       (B) have resulted in great costs to the Federal Government, 
     the State of South Dakota, and the Indian tribes;
       (12) as of the date of enactment of this Act, policies of 
     the Army Corps of Engineers encourage the leasing of public 
     recreation facilities to, and the management of certain land 
     by, State and local sponsors, if feasible;
       (13) the State of South Dakota has demonstrated its ability 
     to manage public recreation areas and wildlife resources 
     along the Missouri River;
       (14) the Indian tribes have demonstrated an ability to 
     manage wildlife resources on land located within the 
     respective reservations of those Indian tribes;

[[Page S11355]]

       (15) the transfer of administrative jurisdiction over 
     certain land acquired for the purposes of the Pick-Sloan 
     Missouri River Basin program from the Secretary of the Army 
     to the Secretary of the Interior is in the best interest of 
     the United States, the State of South Dakota, and the Indian 
     tribes; and
       (16) the Federal Government has a trust relationship and a 
     fiduciary responsibility to Indian tribes.
       (b) Purposes.--The purposes of this Act are--
       (1) to mitigate the loss of terrestrial wildlife habitat 
     that occurred as a result of construction projects carried 
     out under the Pick-Sloan Missouri River Basin program;
       (2) to settle longstanding jurisdictional disputes over 
     land and water within the Pick-Sloan Missouri River Basin 
     program projects;
       (3) to protect, and provide public access to, the remaining 
     wildlife habitat in the State of South Dakota; and
       (4) to transfer to the Department of the Interior to be 
     held in trust for the Indian tribes of South Dakota land 
     acquired for the Pick-Sloan Missouri River Basin program 
     within existing exterior reservation boundaries, without 
     altering any boundary of a reservation of an Indian tribe 
     established by a treaty with the United States.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Indian tribe.--The term ``Indian tribe'' means--
       (A) the Cheyenne River Sioux Tribe; and
       (B) the Lower Brule Sioux Tribe.
       (2) Member.--The term ``member'' means an individual who is 
     an enrolled member of an Indian tribe.
       (3) Non-indian.--The term ``non-Indian'' means an 
     individual who is not an enrolled member of an Indian tribe.
       (4) Secretary of the army.--The term ``Secretary of the 
     Army'' means the Secretary of the Army, acting through the 
     Chief of Engineers.
       (5) Terrestrial wildlife habitat.--The term ``terrestrial 
     wildlife habitat'' means a habitat for a wildlife species 
     (including game and nongame species) that existed or exists 
     on an upland habitat (including a prairie grassland, 
     woodland, bottom land forest, scrub, or shrub) or an emergent 
     wetland habitat.

     SEC. 4. LEASE OF CORPS OF ENGINEERS RECREATION LAND TO THE 
                   STATE OF SOUTH DAKOTA.

       (a) In General.--At the request of the State of South 
     Dakota, the Secretary of the Army shall lease to the State of 
     South Dakota the land described in subsection (b) for a term 
     not less than 50 years, with an option for renewal.
       (b) Land Leased.--The land described in this subsection is 
     any other land within the projects of the Pick-Sloan Missouri 
     River Basin program in the State of South Dakota that--
       (1) is located outside the external boundaries of a 
     reservation of an Indian tribe; and
       (2) the Secretary of the Army determines at the time of the 
     transfer is designated as a recreation area in the current 
     Project Master Plans.
       (c) Lease Conditions.--The Secretary of the Army shall 
     lease the land described in subsection (b) to the State of 
     South Dakota on the following conditions:
       (1) Responsibility for damage.--The Secretary of the Army 
     shall not be responsible for any damage to the land leased 
     under this section caused by sloughing, erosion, or other 
     changes to the land caused by the operation of any project of 
     the Pick-Sloan Missouri River Basin program.
       (2) Flowage easement.--The Secretary of the Army shall 
     retain a flowage easement on the land leased under this 
     section, and the lease shall not interrupt the ability of the 
     Army Corps of Engineers to operate the projects in accordance 
     with the Act of December 22, 1944 (58 Stat. 887, chapter 665; 
     33 U.S.C. 701-1 et seq.).
       (3) Management of recreation areas.--To the extent 
     consistent with other Federal law, the Secretary of the Army 
     shall not unreasonably impede or restrict the ability of the 
     State of South Dakota to freely manage the recreation areas 
     included in the lease.
       (4) Agreement by the state.--The State of South Dakota 
     shall agree--
       (A) to carry out the duties of the State under this Act, 
     including, managing, operating, and maintaining the 
     recreation areas leased to the State under this Act;
       (B) to take such action as may be necessary to ensure that 
     the hunting and fishing rights and privileges of Indian 
     tribes described in section 5 are recognized and enforced; 
     and
       (C) not to assess a fee for sport or recreation hunting or 
     fishing on the Missouri River by a member within the 
     boundaries of an Indian reservation.
       (5) Easements, rights-of-way, leases, and cost-sharing 
     agreements.--The State of South Dakota shall maintain all 
     existing easements, rights-of-way, leases, and cost-sharing 
     agreements that are in effect as of the date of execution of 
     a lease under this section.
       (6) Compliance with federal laws.--The State of South 
     Dakota shall ensure that the leased land described in 
     subsection (b) are used in accordance with--
       (A) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
     seq.);
       (B) the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.);
       (C) the Act entitled ``An Act for the protection of the 
     bald eagle'', approved June 8, 1940 (16 U.S.C. 668 et seq.);
       (D) the Native American Graves Protection and Repatriation 
     Act (25 U.S.C. 3001 et seq.); and
       (E) the National Historic Preservation Act (16 U.S.C. 470 
     et seq.).
       (d) Management Transition.--The Secretary of the Army shall 
     continue to fund and implement, until such time as funds are 
     available for use from the South Dakota Wildlife Habitat 
     Mitigation Trust Fund under section 7(d)(3)(A)(i), the 
     terrestrial wildlife habitat mitigation plans under section 
     6(a).

     SEC. 5. TRANSFER OF ARMY CORPS OF ENGINEERS LAND FOR INDIAN 
                   TRIBES.

       (a) In General.--
       (1) Transfer.--The Secretary of the Army shall transfer to 
     the Secretary of the Interior the land described in 
     subsection (b).
       (2) Trust.--The Secretary of the Interior shall hold in 
     trust for each Indian tribe the land transferred under this 
     section that are located within the external boundaries of 
     the reservation of the Indian tribe.
       (b) Land Transferred.--The land described in this 
     subsection is land that--
       (1) is located above the top of the exclusive flood pool of 
     the projects of the Pick-Sloan Missouri River Basin program;
       (2) was acquired by the Secretary of the Army for the 
     implementation of the Pick-Sloan Missouri River Basin 
     program; and
       (3) is located within the external boundaries of a 
     reservation of an Indian tribe.
       (c) Map.--The Secretary of the Army, in cooperation with 
     the governing bodies of the Indian tribes, shall prepare a 
     map of the land transferred under this section. The map shall 
     be on file in the appropriate offices of the Secretary of the 
     Army.
       (d) Transfer Conditions.--The land described in subsection 
     (b) that was acquired for the Pick-Sloan Missouri River Basin 
     program shall be transferred to, and held in trust by, the 
     Secretary of the Interior on the following conditions:
       (1) Responsibility for damage.--The Secretary of the Army 
     shall not be responsible for any damage to the land 
     transferred under this section caused by sloughing, erosion, 
     or other changes to the land caused by the operation of any 
     project of the Pick-Sloan Missouri River Basin program 
     (except as otherwise provided by Federal law).
       (2) Flowage easement.--The Secretary of the Army shall 
     retain a flowage easement on the land transferred under this 
     section and the transfer shall not interrupt the ability of 
     the Army Corps of Engineers to operate the projects in 
     accordance with the Act of December 22, 1944 (58 Stat. 887, 
     chapter 665; 33 U.S.C. 701-1 et seq.).
       (3) Access by original owners.--An original owner of land 
     (including an heir or assignee) shall be allowed access to 
     the land in accordance with subsection (e) for the purposes 
     described in that subsection.
       (4) Access by the state.--Each Indian tribe agrees to 
     provide free and unencumbered access to the State of South 
     Dakota, for purposes of fish and wildlife management, to each 
     reservoir of the Missouri River that is located on or 
     adjacent to the reservation of the Indian tribe.
       (5) Management by indian tribes.--Each Indian tribe agrees, 
     with respect to land held in trust for the Indian tribe, to 
     manage, operate, and maintain any recreation area transferred 
     to the Indian tribe under this section.
       (6) Regulation of hunting, fishing, and recreation within 
     exterior reservation boundaries.--
       (A) Applicability.--The conditions described in this 
     paragraph shall apply--
       (i) to the extent not inconsistent with other law;
       (ii) except as otherwise provided in this section; and
       (iii) with respect to--

       (I) the water of the Missouri River within the exterior 
     boundaries of a reservation of an Indian tribe; and
       (II) land and water within the exterior boundaries of a 
     reservation of an Indian tribe that is above the water's edge 
     of the Missouri River, which land and water consists of 
     allotted land and tribal trust land.

       (B) License requirements.--
       (i) In general.--Each Indian tribe shall allow any non-
     Indian to purchase a license from the Indian tribe to hunt on 
     allotted land and trust land of the Indian tribe without 
     being required to purchase a hunting license from the State 
     of South Dakota.
       (ii) Allotted land.--Hunting and fishing on allotted land 
     shall require the permission of the allottee or a designated 
     agent of the allottee.
       (iii) Migratory waterfowl.--A non-Indian shall not hunt 
     migratory waterfowl on trust land unless the non-Indian is in 
     possession of a Federal migratory-bird hunting and 
     conservation stamp (known as a ``Duck Stamp'') issued under 
     the Act of March 16, 1934 (48 Stat. 451, chapter 71; 16 
     U.S.C. 718 et seq.).
       (iv) State game licenses.--Each Indian tribe shall honor 
     big game and small game licenses issued by the State of South 
     Dakota on non-Indian private deeded land and public land and 
     water within the exterior boundaries of the reservation of 
     the Indian tribe described in subparagraph (A)(iii) (referred 
     to in this paragraph as the ``reservation boundaries'') 
     without requiring a State licensee to purchase a hunting 
     license or permit from the Indian tribe.
       (v) Non-indian land.--A non-Indian landowner who resides 
     within the reservation boundaries of an Indian tribe may hunt 
     on

[[Page S11356]]

     the non-Indian's land without securing a license from the 
     Indian tribe.
       (vi) Deeded land.--Hunting on non-Indian and member private 
     deeded land within the reservation boundaries of an Indian 
     tribe shall be contingent on obtaining permission from the 
     owner or lessee.
       (vii) Members.--A member of an Indian tribe may hunt and 
     fish on allotted or tribal trust land within the reservation 
     boundaries of the Indian tribe with only a license from the 
     Indian tribe, if such a license is required.
       (C) Establishment of wildlife management rules.--
       (i) Rules for members.--Each Indian tribe shall establish 
     such regulations, seasons, and bag limits for hunting or 
     fishing by a member on allotted land and trust land of the 
     Indian tribe as the wildlife management agency of the Indian 
     tribe determines appropriate.
       (ii) Rules for non-indians.--Each Indian tribe shall 
     establish such regulations, seasons, and bag limits for 
     hunting or fishing by non-Indians on allotted land and trust 
     land of the Indian tribe as the wildlife management agency of 
     the Indian tribe determines appropriate.
       (iii) Fishing rules.--Each Indian tribe shall adopt and 
     enforce rules that affect fishing on the water of the 
     Missouri River within the reservation boundaries of the 
     Indian tribe that are agreed to by the State and affected 
     tribe.
       (D) Prohibitions.--
       (i) In general.--Each Indian tribe shall--

       (I) prohibit the use of gill or trammel nets and snagging 
     of fish, other than when used in a fishery management effort 
     by a certified tribal or State game, fish, and parks officer 
     or employee;
       (II) require the use of nontoxic shot in the hunting of 
     migratory waterfowl; and
       (III) prohibit the sale, trade, or barter of fish or 
     terrestrial wildlife or other such practices that are 
     detrimental to game and fish resources.

       (ii) Enforcement.--Each Indian tribe and the State of South 
     Dakota shall actively enforce the prohibitions described in 
     clause (i) against members and non-Indians without 
     discrimination.
       (E) Enforcement of rules.--
       (i) Execution of cross-deputization agreements.--

       (I) In general.--Each Indian tribe shall enter into a 
     cross-deputization agreement with the State of South Dakota 
     under which tribal officers, on certification by the Law 
     Enforcement Training and Standards Commission or after 
     receiving equivalent Federal training, are granted the 
     credentials of a State of South Dakota Deputy Conservation 
     officer effective only within the reservation boundaries of 
     the Indian tribe.
       (II) Provision of tribal enforcement credentials.--Each 
     Indian tribe shall provide tribal enforcement credentials to 
     State of South Dakota Conservation officers on proof to the 
     tribe that the officers are certified as conservation 
     officers under Federal, tribal, or State law, effective only 
     within the reservation boundaries of the Indian tribe.

       (ii) Arrests.--

       (I) Coordination.--Any arrest made under the authority of a 
     cross-deputization agreement shall be coordinated through the 
     officer of the government that has prosecutorial jurisdiction 
     for the arrest.
       (II) Availability to testify.--The officer who arrests or 
     causes the arrest of a person under the authority of a cross-
     deputization agreement shall be reasonably available to 
     testify in the appropriate tribal, Federal, or State court.

       (F) Prosecution.--
       (i) Allotted land and tribal trust land.--

       (I) Non-indians.--A non-Indian violator of a regulation 
     that affects a hunting, fishing, or recreational activity on 
     the allotted land or tribal trust land of an Indian tribe 
     shall be prosecuted in Federal court or a court of the Indian 
     tribe, whichever is appropriate.
       (II) Members.--A member violator of a regulation that 
     affects a hunting, fishing, or recreational activity on the 
     allotted land or tribal trust land of an Indian tribe shall 
     be prosecuted in a court of the Indian tribe.

       (ii) Missouri river.--

       (I) Non-indians.--A non-Indian violator of a regulation 
     that affects a hunting, fishing, or recreational activity on 
     the water of the Missouri River shall be prosecuted in a 
     Federal or State court, whichever is appropriate.
       (II) Members.--A member violator of a regulation that 
     affects a hunting, fishing, or recreational activity on the 
     water of the Missouri River within the reservation boundaries 
     of an Indian tribe shall be prosecuted in the court of the 
     Indian tribe.

       (G) Penalties.--The penalties for violations of regulations 
     that affect a hunting, fishing, or recreational activity on 
     the water of the Missouri River shall be identical for 
     members and non-Indians.
       (7) Other indian tribe requirements.--Each Indian tribe 
     shall agree to meet the requirements applicable to the Indian 
     tribe under this Act.
       (8) Boating safety; temporary landings.--Each Indian tribe 
     shall grant any person who operates a vessel the right of 
     access, without charge, to land under the jurisdiction of the 
     Indian tribe located along the shore of the Missouri River or 
     the reservoirs of the Pick-Sloan Missouri River Basin program 
     projects for the purposes of--
       (A) ensuring safety under adverse weather conditions 
     (including storms and high winds);
       (B) otherwise making a landing that--
       (i) is for a purpose other than hunting, fishing, or 
     removing objects, including Indian cultural or archaeological 
     materials;
       (ii) is of a duration of not more than 24 hours; and
       (iii) is consistent with the protection of natural 
     resources and the environment.
       (C) carrying out any subsequent co-management agreement 
     that may be negotiated between the State of South Dakota and 
     the Indian tribe relating to hunting, fishing, or 
     recreational use; and
       (D) making an unarmed retrieval of waterfowl (as determined 
     under the law of the State of South Dakota).
       (9) Easements, rights-of-way, leases, and cost-sharing 
     agreements.--
       (A) Maintenance.--The Secretary of the Interior shall 
     maintain all existing easements, rights-of-way, leases, and 
     cost-sharing agreements that are in effect as of the date of 
     the transfer.
       (B) Payments to county.--The Secretary of the Interior 
     shall pay the affected county 100 percent of the receipts 
     from the easements, rights-of-way, leases, and cost-sharing 
     agreements described in subparagraph (A).
       (e) Access by Original Owners.--
       (1) In general.--An original owner of land transferred 
     under this section (including an Indian allottee), and any 
     other person who has been assigned or has inherited land from 
     an original landowner (or Indian allottee), who maintains 
     base property in the vicinity of the land, shall be 
     guaranteed access to and a right to lease, for agricultural 
     purposes (including grazing), the land acquired from the 
     original owner by the Secretary of the Army for the Pick-
     Sloan Missouri River Basin program.
       (2) Easements and rights-of-way.--An Indian tribe shall 
     honor past easements and rights-of-way and provide reasonable 
     future easements and rights-of-way to ensure access for use 
     of the land.
       (3) Fencing.--Any agency or Indian tribe that requires the 
     land to be fenced shall be responsible for building and 
     maintaining the fencing required.
       (4) Fees.--An Indian tribe that leases land to an original 
     owner or other person described in paragraph (1) may charge a 
     grazing fee at a rate that does not exceed the rate charged 
     by the Indian tribe for grazing on comparable land within the 
     external boundaries of the reservation of the Indian tribe.
       (5) Eligibility to lease land for agricultural purposes.--
     Not later than 1 year after the date of enactment of this 
     Act, the Secretary of the Interior shall determine which 
     original owners, heirs, and assignees (including Indian 
     allottees) meet the eligibility criteria to lease land for 
     agricultural purposes under this section.

     SEC. 6. TERRESTRIAL WILDLIFE HABITAT MITIGATION.

       (a) Terrestrial Wildlife Habitat Mitigation Plans.--
       (1) In general.--In accordance with this subsection and 
     with the assistance of the Secretary of the Army and the 
     Secretary of the Interior, the State of South Dakota and each 
     Indian tribe shall, as a condition of the receipt of funds 
     under this Act, develop a plan for the mitigation of 
     terrestrial wildlife habitat loss that occurred as a result 
     of flooding related to projects carried out as part of the 
     Pick-Sloan Missouri River Basin program.
       (2) Funding for carrying out plans.--
       (A) State.--The Secretary of the Treasury shall make 
     available to the State of South Dakota funds from the South 
     Dakota Wildlife Habitat Mitigation Trust Fund established by 
     section 7, to be used to carry out the plan.
       (B) Indian tribes.--The Secretary of the Interior shall 
     make available to each Indian tribe funds from the Native 
     American Wildlife Habitat Mitigation Trust Fund established 
     by section 8, to be used to carry out the plan.
       (b) Programs for the Purchase of Wildlife Habitat Leases.--
       (1) In general.--The State of South Dakota may use payments 
     received under section 7(d)(3)(A)(ii), and each Indian tribe 
     may use payments received under section 8(d)(3)(A)(ii), to 
     develop or expand a program for the purchase of wildlife 
     habitat leases that meets the requirements of this 
     subsection.
       (2) Development of plan.--
       (A) In general.--If the State of South Dakota, or an Indian 
     tribe, conducts a program in accordance with this subsection, 
     the State of South Dakota, or the Indian tribe, in 
     consultation with the United States Fish and Wildlife Service 
     and with opportunity for public comment, shall develop a plan 
     to lease land for the protection and development of wildlife 
     habitat, including habitat for threatened and endangered 
     species associated with the Missouri River ecosystem.
       (B) Use for program.--The plan shall be used by the State 
     of South Dakota, or the Indian tribe, in carrying out the 
     program developed under paragraph (1).
       (3) Conditions of leases.--Each lease covered under a 
     program under paragraph (1) shall specify that the owner of 
     the property that is subject to the lease shall provide--
       (A) public access for sportsmen during hunting seasons; and
       (B) other outdoor uses covered under the lease, as 
     negotiated by the landowner and the State of South Dakota or 
     Indian tribe.
       (4) Use of assistance.--

[[Page S11357]]

       (A) State of south dakota.--If the State of South Dakota 
     conducts a program in accordance with this subsection, the 
     State may use payments received under section 7(d)(3)(A)(ii) 
     to--
       (i) acquire easements, rights-of-way, or leases for 
     management of wildlife habitat, including habitat for 
     threatened and endangered species, and public access to 
     wildlife on private land in the State of South Dakota;
       (ii) create public access to Federal or State land through 
     the purchase of easements or rights-of-way that traverse 
     private property; or
       (iii) lease land for the creation or restoration of a 
     wetland on tribal or private land in the State of South 
     Dakota.
       (B) Indian tribes.--If an Indian tribe conducts a program 
     in accordance with this subsection, the Indian tribe may use 
     payments received under section 7(d)(3)(A)(ii) for the 
     purposes described in subparagraph (A).
       (c) Deauthorization of Blunt Reservoir Project.--
       (1) In general.--The Blunt Reservoir and Pierre Canal 
     features of the Oahe Unit, administered by the Bureau of 
     Reclamation in the State of South Dakota, are not authorized 
     after the date of enactment of this Act.
       (2) Transfer of land.--Land associated with the Blunt 
     Reservoir and Pierre Canal features of the Oahe Unit that is 
     administered by the Bureau of Reclamation is transferred in 
     fee title to the State of South Dakota to be used for the 
     purpose of terrestrial wildlife habitat mitigation.

     SEC. 7. SOUTH DAKOTA WILDLIFE HABITAT MITIGATION TRUST FUND.

       (a) Establishment.--There is established in the Treasury of 
     the United States a fund to be known as the ``South Dakota 
     Wildlife Habitat Mitigation Trust Fund'' (referred to in this 
     section as the ``Fund'').
       (b) Funding.--For the fiscal year following the fiscal year 
     during which the aggregate of the amounts deposited in the 
     Lower Brule Sioux Tribe Infrastructure Development Trust Fund 
     is equal to the amount specified in section 4(b) of the Lower 
     Brule Sioux Tribe Infrastructure Development Trust Fund Act 
     of 1997, and for each fiscal year thereafter until such time 
     as the aggregate of the amounts deposited in the Fund under 
     this subsection, is equal to $108,000,000, the Secretary of 
     the Treasury shall deposit in the Fund an amount equal to 15 
     percent of the receipts from the deposits in the Treasury of 
     the United States for the preceding fiscal year from the 
     power program of the Pick-Sloan Missouri River Basin program, 
     administered by the Western Area Power Administration.
       (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) Payments.--
       (1) In general.--All amounts credited as interest under 
     subsection (c) shall be available, without fiscal year 
     limitation, to the State of South Dakota for use in 
     accordance with paragraph (3).
       (2) Withdrawal and transfer of funds.--The Secretary of the 
     Treasury shall withdraw amounts credited as interest under 
     paragraph (1) and transfer the amounts to the State of South 
     Dakota for use in accordance with paragraph (3). The 
     Secretary of the Treasury may not withdraw the amounts for 
     any other purpose.
       (3) Use of transferred funds.--
       (A) In general.--Subject to subparagraphs (B) and (C), the 
     State of South Dakota shall use the amounts transferred under 
     paragraph (2) only to carry out the following activities:
       (i) The implementation and administration of a terrestrial 
     wildlife habitat mitigation plan under section 6(a).
       (ii) The purchase and administration of wildlife habitat 
     leases under section 6(b) and other activities described in 
     that section.
       (iii) The management, operation, administration, 
     maintenance, and development, in accordance with this Act, of 
     all recreation areas that are leased to the State of South 
     Dakota by the Army Corps of Engineers.
       (iv) The development and maintenance of public access to, 
     and protection of, wildlife habitat and recreation areas 
     along the Missouri River.
       (B) Allocation for plan.--The State of South Dakota shall 
     use the amounts transferred under paragraph (2) to fully 
     implement the terrestrial wildlife habitat mitigation plan of 
     the State under section 6(a).
       (C) Prohibition.--The amounts transferred under paragraph 
     (2) shall not be used for the purchase of land in fee title.
       (e) Transfers and Withdrawals.--Except as provided in 
     subsection (d), the Secretary of the Treasury may not 
     transfer or withdraw any amount deposited under subsection 
     (b).
       (f) Administrative Expenses.--There are authorized to be 
     appropriated to the Secretary of the Treasury such sums as 
     are necessary to pay the administrative expenses of the Fund.

     SEC. 8. NATIVE AMERICAN WILDLIFE HABITAT MITIGATION TRUST 
                   FUND.

       (a) Establishment.--There is established in the Treasury of 
     the United States a fund to be known as the ``Native American 
     Wildlife Habitat Mitigation Trust Fund'' (referred to in this 
     section as the ``Fund'').
       (b) Funding.--For the fiscal year following the fiscal year 
     during which the aggregate of the amounts deposited in the 
     Lower Brule Sioux Tribe Infrastructure Development Trust Fund 
     is equal to the amount specified in section 4(b) of the Lower 
     Brule Sioux Tribe Infrastructure Development Trust Fund Act 
     of 1997, and for each fiscal year thereafter until such time 
     as the aggregate of the amounts deposited in the Fund under 
     this subsection, is equal to $47,400,000, the Secretary of 
     the Treasury shall deposit in the Fund an amount equal to 10 
     percent of the receipts from the deposits in the Treasury of 
     the United States for the preceding fiscal year from the 
     power program of the Pick-Sloan Missouri River Basin program, 
     administered by the Western Area Power Administration.
       (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) Payments.--
       (1) In general.--All amounts credited as interest under 
     subsection (c) shall be available, without fiscal year 
     limitation, to the Secretary of the Interior for use in 
     accordance with paragraphs (3) and (4).
       (2) Withdrawal and transfer of funds.--At the request of 
     the Secretary of the Interior, the Secretary of the Treasury 
     shall withdraw amounts credited as interest under paragraph 
     (1) and transfer the amounts to the Secretary of the Interior 
     for use in accordance with paragraphs (3) and (4). The 
     Secretary of the Treasury may not withdraw the amounts for 
     any other purpose.
       (3) Use of transferred funds.--
       (A) In general.--Subject to subparagraphs (B) and (C) and 
     paragraph (4), the Secretary of the Interior shall use the 
     amounts transferred under paragraph (2) only for the purpose 
     of making payments to Indian tribes to carry out the 
     following activities:
       (i) The implementation and administration of a terrestrial 
     wildlife habitat mitigation plan under section 6(a), which 
     payment shall be made at such time as the Secretary of the 
     Army approves a terrestrial wildlife habitat mitigation plan 
     developed by the Indian tribe under that section.
       (ii) The purchase and administration of wildlife habitat 
     leases under section 6(b) and other activities described in 
     that section.
       (iii) The management, operation, administration, 
     maintenance, and development, in accordance with this Act, of 
     recreation areas held in trust for the Indian tribes.
       (iv) The development and maintenance of public access to, 
     and protection of, wildlife habitat and recreation areas 
     along the Missouri River.
       (v) The preservation of Native American cultural sites 
     located on the transferred land.
       (B) Allocation for plan.--Each Indian tribe shall use the 
     amounts transferred under paragraph (2) and paid to the 
     Indian tribe to fully implement the terrestrial wildlife 
     habitat mitigation plan of the Indian tribe under section 
     6(a).
       (C) Prohibition.--The amounts transferred under paragraph 
     (2) and paid to an Indian tribe shall not be used for the 
     purchase of land in fee title.
       (4) Pro rata share of payments.--In making payments from 
     the interest generated under the Fund, the Secretary of the 
     Interior shall ensure that the total amount of payments 
     received by the Indian tribes under paragraph (3) is 
     distributed as follows:
       (A) 79 percent shall be available to the Cheyenne River 
     Sioux Tribe.
       (B) 21 percent shall be available to the Lower Brule Sioux 
     Tribe.
       (e) Transfers and Withdrawals.--Except as provided in 
     subsection (d), the Secretary of the Treasury may not 
     transfer or withdraw any amount deposited under subsection 
     (b).
       (f) Administrative Expenses.--There are authorized to be 
     appropriated to the Secretary of the Treasury such sums as 
     are necessary to pay the administrative expenses of the Fund.

     SEC. 9. AUTHORIZATION OF ADMINISTRATIVE COSTS OF THE ARMY 
                   CORPS OF ENGINEERS.

       There are authorized to be appropriated to the Secretary of 
     the Army such sums as are necessary--
       (1) to pay administrative expenses incurred in carrying out 
     this Act; and
       (2) to fund the implementation of terrestrial wildlife 
     habitat mitigation plans under section 6(a) until such time 
     as funds are available for use under sections 7(d)(3)(A)(i) 
     and 8(d)(3)(A)(i).

     SEC. 10. RULE OF CONSTRUCTION; PROHIBITION.

       (a) Statutory Construction.--Nothing in this Act diminishes 
     or affects--
       (1) any water right of an Indian tribe;
       (2) any other right of an Indian tribe, except as 
     specifically provided in another provision of this Act;
       (3) any valid, existing treaty right that is in effect on 
     the date of enactment of this Act;
       (4) the external boundaries of any reservation of an Indian 
     tribe;
       (5) any authority of the State of South Dakota that relates 
     to the protection, regulation, or management of fish and 
     terrestrial wildlife resources, except as specifically 
     provided in another provision of this Act;
       (6) any authority or responsibility of the Secretary of the 
     Army or the Secretary of the Interior under a law in 
     existence on the date of enactment of this Act, including--
       (A) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
     seq.);
       (B) the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.);

[[Page S11358]]

       (C) the Act entitled ``An Act for the protection of the 
     bald eagle'', approved June 8, 1940 (16 U.S.C. 668 et seq.);
       (D) the Native American Graves Protection and Repatriation 
     Act (25 U.S.C. 3001 et seq.); and
       (E) the National Historic Preservation Act (16 U.S.C. 470 
     et seq.); or
       (7) the ability of an Indian tribe to use the trust land 
     transferred to the Indian tribe under this Act in a manner 
     that is consistent with the use of other Indian trust land, 
     except as otherwise specifically provided in this Act.
       (b) Power Rates.--No payment made under this Act shall 
     affect any power rate under the Pick-Sloan Missouri River 
     Basin program.

     SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to the Department 
     of the Interior such sums as are necessary to carry out this 
     Act.
                                 ______