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




                           TRIBAL PARITY ACT

  The Senate proceeded to consider the bill (S. 1530) 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, which had been reported from the Committee on 
Indian Affairs with amendments, as follows:
  [Strike the parts shown in black brackets and insert the parts shown 
in italic.]

                                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; and
       (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''] ``$186,822,140''.

     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''] ``$105,917,853''.
  The amendments were agreed to.
  The bill (S. 1530), as amended, was read the third time and passed, 
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; and
       (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 
     ``$186,822,140''.

     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 ``$105,917,853''.

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