[Congressional Record Volume 150, Number 134 (Friday, November 19, 2004)]
[Senate]
[Pages S11577-S11579]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   OGLALA SIOUX TRIBE ANGOSTURA IRRIGATION PROJECT MODERNIZATION AND 
                            DEVELOPMENT ACT

  The Senate proceeded to consider the bill (S. 1996) to enhance and 
provide to the Oglala Sioux Tribe and Angostura Irrigation Project 
certain benefits of the Pick-Sloan Missouri River basin program, which 
had been reported from the Committee on Indian Affairs, with an 
amendment to strike all after the enacting clause and insert in lieu 
thereof the following:
  (Strike the part shown in black brackets and insert the part shown in 
italic.)

                                S. 1996

       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 ``Oglala Sioux Tribe 
     Angostura Irrigation Project Rehabilitation and Development 
     Act''.

     [SEC. 2. FINDINGS.

       [Congress finds that--
       [(1) 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'') (33 U.S.C. 701-1 
     et seq.)--
       [(A) to promote the economic development of the United 
     States;
       [(B) to provide for irrigation in regions north of Sioux 
     City, Iowa;
       [(C) to protect urban and rural areas from devastating 
     floods of the Missouri River; and
       [(D) for other purposes;
       [(2) the Angostura Unit--
       [(A) is a component of the Pick-Sloan program; and
       [(B) provides for--
       [(i) irrigation of 12,218 acres of productive farm land in 
     the State; and
       [(ii) substantial recreation and fish and wildlife 
     benefits;
       [(3) the Commissioner of Reclamation has determined that--
       [(A) the national economic development benefits from 
     irrigation at the Angostura Unit total approximately 
     $3,410,000 annually; and
       [(B) the national economic development benefits of 
     recreation at Angostura Reservoir total approximately 
     $7,100,000 annually;
       [(4) the Angostura Unit impounds the Cheyenne River 20 
     miles upstream of the Pine Ridge Indian Reservation in the 
     State;
       [(5)(A) the Reservation experiences extremely high rates of 
     unemployment and poverty; and
       [(B) there is a need for economic development on the 
     Reservation;
       [(6) the national economic development benefits of the 
     Angostura Unit do not extend to the Reservation;
       [(7) the Angostura Unit may be associated with negative 
     affects on water quality and riparian vegetation in the 
     Cheyenne River on the Reservation;
       [(8) rehabilitation of the irrigation facilities at the 
     Angostura Unit would--
       [(A) enhance the national economic development benefits of 
     the Angostura Unit; and
       [(B) result in improved water efficiency and environmental 
     restoration benefits on the Reservation; and
       [(9) the establishment of a trust fund for the Oglala Sioux 
     Tribe would--
       [(A) produce economic development benefits for the 
     Reservation comparable to the benefits produced at the 
     Angostura Unit; and
       [(B) provide resources that are necessary for restoration 
     of the Cheyenne River corridor on the Reservation.

     [SEC. 3. DEFINITIONS.

       [In this Act:
       [(1) Angostura unit.--The term ``Angostura Unit'' means the 
     irrigation unit of the Angostura irrigation project developed 
     under the Act of August 11, 1939 (16 U.S.C. 590y et seq.).
       [(2) Fund.--The term ``Fund'' means the Oglala Sioux Tribal 
     Development Trust Fund established by section 201(a).
       [(3) Pick-sloan program.--The term ``Pick-Sloan program'' 
     means the Pick-Sloan Missouri River basin program approved 
     under the Act of December 22, 1944 (commonly known as the 
     ``Flood Control Act of 1944'') (33 U.S.C. 701-1 et seq.).
       [(4) Plan.--The term ``plan'' means the development plan 
     developed by the Tribe under section 201(f).
       [(5) Reservation.--The term ``Reservation'' means the Pine 
     Ridge Indian Reservation in the State.
       [(6) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       [(7) State.--The term ``State'' means the State of South 
     Dakota.

[[Page S11578]]

       [(8) Tribal council.--The term ``Tribal Council'' means the 
     governing body of the Tribe.
       [(9) Tribe.--The term ``Tribe'' means the Oglala Sioux 
     Tribe of South Dakota.

                        [TITLE I--REHABILITATION

     [SEC. 101. REHABILITATION OF FACILITIES AT ANGOSTURA UNIT.

       [The Secretary may carry out the rehabilitation and 
     improvement of the facilities at the Angostura Project 
     described in the report entitled ``Angostura Unit Contract 
     Negotiation and Water Management Final Environmental Impact 
     Statement'', dated August 2002.

     [SEC. 102. DELIVERY OF WATER TO PINE RIDGE INDIAN 
                   RESERVATION.

       [The Secretary shall provide for--
       [(1) to the maximum extent practicable, the delivery of 
     water saved through the rehabilitation and improvement of the 
     facilities of the Angostura Unit to the Pine Ridge Indian 
     Reservation; and
       [(2) the use of that water for purposes of environmental 
     restoration on the Pine Ridge Indian Reservation.

     [SEC. 103. EFFECT ON OTHER LAW.

       [Nothing in this title affects--
       [(1) any reserved water rights or other rights of the 
     Tribe;
       [(2) any service or program to which, in accordance with 
     Federal law, the Tribe, or an individual member of the Tribe, 
     is entitled; or
       [(3) any water rights in existence on the date of enactment 
     of this Act held by any person or entity.

     [SEC. 104. AUTHORIZATION OF APPROPRIATIONS.

       [There is authorized to be appropriated such sums as are 
     necessary to carry out this title, to remain available until 
     expended.

                         [TITLE II--DEVELOPMENT

     [SEC. 201. OGLALA SIOUX TRIBAL DEVELOPMENT TRUST FUND.

       [(a) Oglala Sioux Tribal Development Trust Fund.--There is 
     established in the Treasury of the United States a fund to be 
     known as the ``Oglala Sioux Tribal Development Trust Fund'', 
     consisting of any amounts deposited in the Fund under this 
     title.
       [(b) Funding.--On the first day of the 11th fiscal year 
     that begins after the date of enactment of this Act, the 
     Secretary of the Treasury shall, from the General Fund of the 
     Treasury, deposit in the Fund--
       [(1) such sums as the Secretary of the Treasury, in 
     consultation with the Secretary, the Secretary of Health and 
     Human Services, and the Tribal Council, are necessary to 
     carry out development under this title; and
       [(2) the amount that equals the amount of interest that 
     would have accrued on the amount described in paragraph (1) 
     if that amount had been invested in interest-bearing 
     obligations of the United States, or in obligations 
     guaranteed as to both principal and interest by the United 
     States, on the first day of the first fiscal year that begins 
     after the date of enactment of this Act and compounded 
     annually thereafter.
       [(c) Investment of Trust Fund.--
       [(1) In general.--The Secretary of the Treasury shall 
     invest such portion of the Fund as is not, in the judgment of 
     the Secretary of the Treasury, required to meet current 
     withdrawals.
       [(2) Acquisition of obligations.--Such investments may be 
     made only in interest-bearing obligations of the United 
     States or in obligations guaranteed as to both principal and 
     interest by the United States.
       [(3) Interest.--The Secretary of the Treasury shall deposit 
     interest resulting from such investments into the Fund.
       [(d) Payment of Interest to Tribe.--
       [(1) Withdrawal of interest.--Beginning on the first day of 
     the 11th fiscal year after the date of enactment of this Act 
     and, on the first day of each fiscal year thereafter, the 
     Secretary of the Treasury shall transfer the aggregate amount 
     of interest deposited into the Fund for the fiscal year to 
     the Secretary for use in accordance with paragraph (3).
       [(2) Availability.--Each amount transferred under paragraph 
     (1) shall be available without fiscal year limitation.
       [(3) Payments to tribe.--
       [(A) In general.--The Secretary shall use the amounts 
     transferred under paragraph (1) only for the purpose of 
     making payments to the Tribe, as such payments are requested 
     by the Tribe pursuant to tribal resolution.
       [(B) Limitation.--Payments may be made by the Secretary of 
     the Interior under subparagraph (A) only after the Tribe has 
     adopted a plan under subsection (f).
       [(C) Use of payments by tribe.--The Tribe shall use the 
     payments made under subparagraph (B) only for carrying out 
     projects and programs under the plan prepared under 
     subsection (f).
       [(e) Limitation on Transfers and Withdrawals.--Except as 
     provided in subsections (c) and (d)(1), the Secretary of the 
     Treasury shall not transfer or withdraw any amount deposited 
     under subsection (b).
       [(f) Development Plan.--
       [(1) In general.--Not later than 18 months after the date 
     of enactment of this Act, the governing body of the Tribe 
     shall prepare a plan for the use of the payments to the Tribe 
     under subsection (d).
       [(2) Contents.--The plan shall provide for the manner in 
     which the Tribe shall expend payments to the Tribe under 
     subsection (d) to promote--
       [(A) economic development;
       [(B) infrastructure development;
       [(C) the educational, health, recreational, and social 
     welfare objectives of the Tribe and members of the Tribe; or
       [(D) any combination of the activities described in 
     subparagraphs (A) through (C).
       [(3) Plan review and revision.--
       [(A) In general.--The Tribal Council shall make available 
     for review and comment by the members of the Tribe a copy of 
     the plan before the plan becomes final, in accordance with 
     procedures established by the Tribal Council.
       [(B) Updating of plan.--
       [(i) In general.--The Tribal Council may, on an annual 
     basis, revise the plan to update the plan.
       [(ii) Review and comment.--In revising the plan, the Tribal 
     Council shall provide the members of the Tribe opportunity to 
     review and comment on any proposed revision to the plan.
       [(C) Consultation.--In preparing the plan and any revisions 
     to update the plan, the Tribal Council shall consult with the 
     Secretary and the Secretary of Health and Human Services.
       [(4) Audit.--
       [(A) In general.--The activities of the Tribe in carrying 
     out the plan shall be audited as part of the annual single-
     agency audit that the Tribe is required to prepare pursuant 
     to the Office of Management and Budget circular numbered A-
     133.
       [(B) Determination by auditors.--The auditors that conduct 
     the audit under subparagraph (A) shall--
       [(i) determine whether funds received by the Tribe under 
     this section for the period covered by the audit were 
     expended to carry out the plan in a manner consistent with 
     this section; and
       [(ii) include in the written findings of the audit the 
     determination made under clause (i).
       [(C) Inclusion of findings with publication of proceedings 
     of tribal council.--A copy of the written findings of the 
     audit described in subparagraph (A) shall be inserted in the 
     published minutes of the Tribal Council proceedings for the 
     session at which the audit is presented to the Tribal 
     Council.
       [(g) Prohibition of Per Capita Payments.--No portion of any 
     payment made under this title may be distributed to any 
     member of the Tribe on a per capita basis.

     [SEC. 202. ELIGIBILITY OF TRIBE FOR CERTAIN PROGRAMS AND 
                   SERVICES.

       [No payment made to the Tribe under this title shall result 
     in the reduction or denial of any service or program with 
     respect to which, under 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.

     [SEC. 203. AUTHORIZATION OF APPROPRIATIONS.

       [There are authorized to be appropriated such sums as are 
     necessary to pay the administrative expenses of the Fund.]

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Oglala Sioux Tribe Angostura 
     Irrigation Project Modernization and Development Act''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) 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'') (33 U.S.C. 701-1 
     et seq.)--
       (A) to promote the economic development of the United 
     States;
       (B) to provide for irrigation in regions north of Sioux 
     City, Iowa;
       (C) to protect urban and rural areas from devastating 
     floods of the Missouri River; and
       (D) for other purposes;
       (2) the Angostura Unit--
       (A) is a component of the Pick-Sloan program; and
       (B) provides for--
       (i) irrigation of 12,218 acres of productive farm land in 
     South Dakota; and
       (ii) substantial recreation and fish and wildlife benefits;
       (3) the Commissioner of Reclamation has determined that--
       (A) the national economic development benefits from 
     irrigation at the Angostura Unit total approximately 
     $3,410,000 annually; and
       (B) the national economic development benefits of 
     recreation at Angostura Reservoir total approximately 
     $7,100,000 annually;
       (4) the Angostura Unit impounds the Cheyenne River 20 miles 
     upstream of the Pine Ridge Indian Reservation in South 
     Dakota;
       (5)(A) the Reservation experiences extremely high rates of 
     unemployment and poverty; and
       (B) there is a need for economic development on the 
     Reservation;
       (6) the national economic development benefits of the 
     Angostura Unit do not extend to the Reservation;
       (7) the Angostura Unit may be associated with negative 
     affects on water quality and riparian vegetation in the 
     Cheyenne River on the Reservation;
       (8) modernization of the irrigation facilities at the 
     Angostura Unit would--
       (A) enhance the national economic development benefits of 
     the Angostura Unit; and
       (B) result in improved water efficiency and environmental 
     restoration benefits on the Reservation; and
       (9) the establishment of a trust fund for the Oglala Sioux 
     Tribe would--
       (A) produce economic development benefits for the 
     Reservation comparable to the benefits produced at the 
     Angostura Unit; and

[[Page S11579]]

       (B) provide resources that are necessary for restoration of 
     the Cheyenne River corridor on the Reservation.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Angostura unit.--The term ``Angostura Unit'' means the 
     irrigation unit of the Angostura irrigation project developed 
     under the Act of August 11, 1939 (16 U.S.C. 590y et seq.).
       (2) Fund.--The term ``Fund'' means the Oglala Sioux Tribal 
     Development Trust Fund established by section 201(a).
       (3) Pick-sloan program.--The term ``Pick-Sloan program'' 
     means the Pick-Sloan Missouri River basin program approved 
     under the Act of December 22, 1944 (commonly known as the 
     ``Flood Control Act of 1944'') (33 U.S.C. 701-1 et seq.).
       (4) Plan.--The term ``plan'' means the development plan 
     developed by the Tribe under section 201(f).
       (5) Reservation.--The term ``Reservation'' means the Pine 
     Ridge Indian Reservation in the State.
       (6) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (7) Tribe.--The term ``Tribe'' means the Oglala Sioux Tribe 
     of South Dakota.
       (8) Tribal council.--The term ``Tribal Council'' means the 
     governing body of the Tribe.

                         TITLE I--MODERNIZATION

     SEC. 101. MODERNIZATION OF FACILITIES AT ANGOSTURA UNIT.

       (a) In General.--The Secretary shall carry out the 
     modernization and improvement of the facilities at the 
     Angostura Unit as described in the Improved Efficiencies 
     Alternative included in the report entitled ``Final 
     Environmental Impact Statement, Angostura Unit Contract 
     Negotiation and Water Management (August 2002)''.
       (b) Nonreimbursability.--The cost of the modernization and 
     improvement of the facilities at the Angostura Unit shall be 
     carried out on a nonreimbursable basis.

     SEC. 102. DELIVERY OF WATER TO PINE RIDGE INDIAN RESERVATION.

       The Secretary shall provide for the delivery of the water 
     saved through the modernization and improvement of the 
     facilities of the Angostura Unit to be used for fish and 
     wildlife purposes and environmental restoration on the 
     Reservation.

     SEC. 103. AUTHORIZATION OF APPROPRIATIONS.

       There is authorized to be appropriated to carry out section 
     101 $4,660,000, to remain available until expended.

                         TITLE II--DEVELOPMENT

     SEC. 201. OGLALA SIOUX TRIBAL DEVELOPMENT TRUST FUND.

       (a) Oglala Sioux Tribal Development Trust Fund.--There is 
     established in the Treasury of the United States a fund to be 
     known as the ``Oglala Sioux Tribal Development Trust Fund'', 
     consisting of any amounts deposited in the Fund under this 
     title.
       (b) Funding.--On the first day of the 11th fiscal year that 
     begins after the date of enactment of this Act, the Secretary 
     of the Treasury shall, from the General Fund of the Treasury, 
     deposit in the Fund--
       (1) $92,500,000; and
       (2) the amount that equals the amount of interest that 
     would have accrued on the amount described in paragraph (1) 
     if that amount had been invested in interest-bearing 
     obligations of the United States on the first day of the 
     first fiscal year that begins after the date of enactment of 
     this Act and compounded annually thereafter.
       (c) Investment of Trust Fund.--
       (1) In general.--The Secretary of the Treasury shall invest 
     such portion of the Fund as is not, in the judgment of the 
     Secretary of the Treasury, required to meet current 
     withdrawals.
       (2) Eligible obligations.--Notwithstanding any other 
     provision of law, the Secretary of the Treasury shall invest 
     the amounts deposited under subsection (b) and the interest 
     earned on those amounts only in interest-bearing obligations 
     of the United States issued directly to the Fund.
       (3) Interest.--The Secretary of the Treasury shall deposit 
     interest resulting from such investments into the Fund.
       (d) Payment of Interest to Tribe.--
       (1) Withdrawal of interest.--Beginning on the first day of 
     the 11th fiscal year after the date of enactment of this Act 
     and, on the first day of each fiscal year thereafter, the 
     Secretary of the Treasury shall transfer the aggregate amount 
     of interest deposited into the Fund for the fiscal year to 
     the Secretary for use in accordance with paragraph (3).
       (2) Availability.--Each amount transferred under paragraph 
     (1) shall be available without fiscal year limitation.
       (3) Payments to tribe.--
       (A) In general.--The Secretary shall use the amounts 
     transferred under paragraph (1) only for the purpose of 
     making payments to the Tribe, as such payments are requested 
     by the Tribe pursuant to tribal resolution.
       (B) Limitation.--Payments may be made by the Secretary of 
     the Interior under subparagraph (A) only after the Tribe has 
     adopted a plan under subsection (f).
       (C) Use of payments by tribe.--The Tribe shall use the 
     payments made under subparagraph (B) only for carrying out 
     projects and programs under the plan prepared under 
     subsection (f).
       (e) Limitation on Transfers and Withdrawals.--Except as 
     provided in subsections (c) and (d)(1), the Secretary of the 
     Treasury shall not transfer or withdraw any amount deposited 
     under subsection (b).
       (f) Development Plan.--
       (1) In general.--Not later than 18 months after the date of 
     enactment of this Act, the governing body of the Tribe shall 
     prepare a plan for the use of the payments to the Tribe under 
     subsection (d).
       (2) Contents.--The plan shall provide for the manner in 
     which the Tribe shall expend payments to the Tribe under 
     subsection (d) to promote--
       (A) economic development;
       (B) infrastructure development;
       (C) the educational, health, recreational, and social 
     welfare objectives of the Tribe and members of the Tribe; or
       (D) any combination of the activities described in 
     subparagraphs (A) through (C).
       (3) Plan review and revision.--
       (A) In general.--The Tribal Council shall make available 
     for review and comment by the members of the Tribe a copy of 
     the plan before the plan becomes final, in accordance with 
     procedures established by the Tribal Council.
       (B) Updating of plan.--
       (i) In general.--The Tribal Council may, on an annual 
     basis, revise the plan to update the plan.
       (ii) Review and comment.--In revising the plan, the Tribal 
     Council shall provide the members of the Tribe opportunity to 
     review and comment on any proposed revision to the plan.
       (C) Consultation.--In preparing the plan and any revisions 
     to update the plan, the Tribal Council shall consult with the 
     Secretary and the Secretary of Health and Human Services.
       (4) Audit.--
       (A) In general.--The activities of the Tribe in carrying 
     out the plan shall be audited as part of the annual single-
     agency audit that the Tribe is required to prepare pursuant 
     to the Office of Management and Budget circular numbered A-
     133.
       (B) Determination by auditors.--The auditors that conduct 
     the audit under subparagraph (A) shall--
       (i) determine whether funds received by the Tribe under 
     this section for the period covered by the audit were 
     expended to carry out the plan in a manner consistent with 
     this section; and
       (ii) include in the written findings of the audit the 
     determination made under clause (i).
       (C) Inclusion of findings with publication of proceedings 
     of tribal council.--A copy of the written findings of the 
     audit described in subparagraph (A) shall be inserted in the 
     published minutes of the Tribal Council proceedings for the 
     session at which the audit is presented to the Tribal 
     Council.
       (g) Prohibition of Per Capita Payments.--No portion of any 
     payment made under this title may be distributed to any 
     member of the Tribe on a per capita basis.

     SEC. 202. ELIGIBILITY OF TRIBE FOR CERTAIN PROGRAMS AND 
                   SERVICES.

       No payment made to the Tribe under this title shall result 
     in the reduction or denial of any service or program with 
     respect to which, under 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.

     SEC. 203. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as are 
     necessary to pay the administrative expenses of the Fund.

     SEC. 204. WATER RIGHTS.

       Nothing in this Act--
       (1)(A) affects any rights, benefits, privileges or claims 
     (including water rights or claims to water rights) of the 
     Tribe, whether located within or without the external 
     boundaries of the Reservation, based on treaty, Executive 
     order, agreement, Act of Congress, aboriginal title, the 
     Winters doctrine (Winters v. United States, 207 U.S. 564 
     (1908)), or otherwise; or
       (B) validates or invalidates any assertion of the 
     existence, nonexistence or extinguishment of any water 
     rights, or claims to water rights, held by the Tribe or any 
     other Indian tribe or individual Indian under Federal or 
     State law; or
       (2) affects any other water rights in existence on the date 
     of enactment of this Act held by any person or entity.

  The committee amendment in the nature of a substitute was agreed to.
  The bill (S. 1996), as amended, was read the third time and passed.

                          ____________________