[Congressional Record Volume 143, Number 157 (Sunday, November 9, 1997)]
[Senate]
[Pages S12420-S12421]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


[[Page S12420]]
   PROVIDING CERTAIN BENEFITS OF THE PICK-SLOAN MISSOURI RIVER BASIN 
                 PROGRAM TO THE LOWER BRULE SIOUX TRIBE

  Mr. SESSIONS. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of S. 156, a bill reported 
earlier today by the Indian Affairs Committee.
  The PRESIDING OFFICER. Without objection, it is so ordered. The clerk 
will report.
  The legislative clerk read as follows:

       A bill (S. 156) to provide certain benefits of the Pick-
     Sloan Missouri River Basin program to the Lower Brule Sioux 
     Tribe, and for other purposes.

  The PRESIDING OFFICER. Is there objection to the immediate 
consideration of the bill?
  There being no objection, the Senate proceeded to consider the 
bill, which had been reported from the Committee on Indian Affairs, 
with amendments; as follows:

  (The parts of the bill intended to be stricken are shown in boldface 
brackets and the parts of the bill intended to be inserted are shown in 
italic.)

                                 S. 156

       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 ``Lower Brule Sioux Tribe 
     Infrastructure Development Trust Fund Act''.

     SEC. 2. FINDINGS. 

       Congress finds that--
       (1) under the Act of December 22, [1994] 1944, commonly 
     known as the ``Flood Control Act of [1994] 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 Fort Randall and Big Bend projects are major 
     components of the Pick-Sloan Missouri River Basin 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] eastern boundary of the Lower Brule 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 
     Lower Brule Sioux Tribe and the homeland of the members of 
     the Tribe;
       (4) Public Law 85-923 (72 Stat. 1773 et seq.) authorized 
     the acquisition of 7,997 acres of Indian land on the Lower 
     Brule Indian Reservation for the Fort Randall project and 
     Public Law 87-734 (76 Stat. 698 et seq.) authorized the 
     acquisition of 14,299 acres of Indian land on the Lower Brule 
     Indian Reservation for the Big Bend project;
       (5) Public Law 87-734 (76 Stat. 698 et seq.) provided for 
     the mitigation of the effects of the Fort Randall and Big 
     Bend projects on the Lower Brule Indian Reservation, by 
     directing the Secretary of the Army to--
       (A) as necessary, by reason of the Big Bend project, 
     protect, replace, relocate, or reconstruct--
       (i) any 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 existing at the time 
     that the projects were carried out; and
       (ii) roads, bridges, and incidental matters or facilities 
     in connection with those 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 87-734 (76 Stat. 698 
     et seq.) with respect to the mitigation of the effects of the 
     Fort Randall and Big Bend projects on the Lower Brule 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 Lower 
     Brule 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 Lower Brule Sioux Tribe will be enhanced 
     by increased tribal participation in the benefits of the Fort 
     Randall and Big Bend components of the Pick-Sloan Missouri 
     River Basin program; and
       (9) the Lower Brule Sioux Tribe is entitled to additional 
     benefits of the Pick-Sloan Missouri River Basin program.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Fund.--The term ``Fund'' means the Lower Brule 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 Lower Brule Sioux 
     Tribe of Indians, a band of the Great Sioux Nation recognized 
     by the United States of America.

     SEC. 4. ESTABLISHMENT OF LOWER BRULE SIOUX TRIBE 
                   INFRASTRUCTURE DEVELOPMENT TRUST FUND.

       (a) Lower Brule Sioux Tribe Infrastructure Development 
     Trust Fund.--There is established in the Treasury of the 
     United States a fund to be known as the ``Lower Brule Sioux 
     Tribe Infrastructure Development Trust Fund''.
       (b) Funding.--Beginning with fiscal year [immediately 
     following the fiscal year during which the aggregate of the 
     amounts deposited in the Crow Creek Sioux Tribe 
     Infrastructure Development Trust Fund is equal to the amount 
     specified in section 4(b) of the Crow Creek Sioux Tribe 
     Infrastructure Development Trust Fund Act of 1996 (110 Stat. 
     3026 et seq.)] 1998, and for each fiscal year thereafter, 
     until such time as the aggregate of the amounts deposited in 
     the Fund is equal to $39,300,000, 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 
     paragraph (1) 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 Lower Brule 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

[[Page S12421]]

       (B) unavailable through facilities of the Indian Health 
     Service on the Lower Brule Indian Reservation in existence 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 Lower Brule 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 
     Lower Brule 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 
     Fund.

     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.

  Mr. SESSIONS. Mr. President, I ask unanimous consent that the 
committee amendments be agreed to.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee amendments were agreed to.
  Mr. SESSIONS. Mr. President, I ask unanimous consent that the bill, 
as amended, be read a third time and passed, and the motion to 
reconsider be laid upon the table, and that any statements relating to 
the bill be placed at the appropriate place in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (S. 156), as amended, was read a third time and passed.

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