[Congressional Record Volume 149, Number 116 (Thursday, July 31, 2003)]
[Senate]
[Page S10656]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DASCHLE:
  S. 1530. A bill to provide compensation to the Lower Brule and Crow 
Creek Sioux Tribes of South Dakota for damage to tribal land caused by 
Pick-Sloan projects along the Missouri River; to the Committee on 
Indian Affairs.
  Mr. DASCHLE. Mr. President, I am pleased to introduce the Lower Brule 
and Crow Creek Sioux Tribal Parity Act of 2003.
  This legislation is intended to provide additional and final 
compensation to the Lower Brule Sioux and Crow Creek Sioux Tribes for 
losses from the Pick-Sloan Missouri River Basin Program, commonly known 
as the ``Flood Control Act of 1944''.
  The Pick-Sloan Program inundated the fertile bottom land of the Lower 
Brule and Crow Creek Sioux Tribes, which greatly damaged the economy 
and cultural resources of the Tribe. Congress has provided compensation 
to several South Dakota Indian tribes, including Lower Brule and Crow 
Creek, that border the Missouri River. The compensation provided, 
however, has not been consistent in terms of either criteria, or 
methodology.
  Based on the methodology determined appropriate by the General 
Accounting Office and used by Congress to determine the compensation 
for the Cheyenne River Sioux Tribe, new calculations have determined 
that Lower Brule is entitled to additional final compensation of 
$137,065,558 from the United States. The Crow Creek Sioux Tribe is 
entitled to additional compensation of $100,244,040. The legislation I 
am introducing will provide parity for the Lower Brule Sioux and Crow 
Creek Sioux Tribes.
  These two tribes are entitled to a final parity payment based upon 
this GAO-approved methodology. I look forward to moving ahead with this 
legislation for the benefit of the people of Lower Brule and Crow 
Creek.
  I ask unanimous consent that the text of this bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1530

       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 ``Tribal Parity Act''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) the Pick-Sloan Missouri River Basin Program (authorized 
     by section 9 of the Act of December 22, 1944 (commonly known 
     as the ``Flood Control Act of 1944'') (58 Stat. 891)), was 
     approved to promote the general economic development of the 
     United States;
       (2) the Fort Randall and Big Bend dam and reservoir 
     projects in South Dakota--
       (A) are major components of the Pick-Sloan Missouri River 
     Basin Program; and
       (B) contribute to the national economy;
       (3) the Fort Randall and Big Bend projects inundated the 
     fertile bottom land of the Lower Brule and Crow Creek Sioux 
     Tribes, which greatly damaged the economy and cultural 
     resources of the Tribes;
       (4) Congress has provided compensation to several Indian 
     tribes, including the Lower Brule and Crow Creek Sioux 
     Tribes, that border the Missouri River and suffered injury as 
     a result of 1 or more Pick-Sloan Projects;
       (5) the compensation provided to those Indian tribes has 
     not been consistent;
       (6) Missouri River Indian tribes that suffered injury as a 
     result of 1 or more Pick-Sloan Projects should be adequately 
     compensated for those injuries, and that compensation should 
     be consistent among the Tribes;
       (7) the Lower Brule Sioux Tribe and the Crow Creek Sioux 
     Tribe, based on methodology determined appropriate by the 
     General Accounting Office, are entitled to receive additional 
     compensation for injuries described in paragraph (6), so as 
     to provide parity among compensation received by all Missouri 
     River Indian tribes.

     SEC. 3. LOWER BRULE SIOUX TRIBE.

       Section 4(b) of the Lower Brule Sioux Tribe Infrastructure 
     Development Trust Fund Act (Public Law 105-132; 111 Stat. 
     2565) is amended by striking ``$39,300,000'' and inserting 
     ``$176,398,012''.

     SEC. 4. CROW CREEK SIOUX TRIBE.

       Section 4(b) of the Crow Creek Sioux Tribe Infrastructure 
     Development Trust Fund Act of 1996 (Public Law 104-223; 110 
     Stat. 3027) is amended by striking ``$27,500,000'' and 
     inserting ``$100,244,040''.
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