[House Report 104-765]
[From the U.S. Government Publishing Office]



104th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 2d Session                                                     104-765
_______________________________________________________________________


 
  CROW CREEK SIOUX TRIBE INFRASTRUCTURE DEVELOPMENT TRUST FUND ACT OF 
                                  1996

                                _______
                                

 September 4, 1996.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

  Mr. Young of Alaska, from the Committee on Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 2512]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred the bill 
(H.R. 2512) to provide for certain benefits of the Missouri 
River basin Pick-Sloan project to the Crow Creek Sioux Tribe, 
and for other purposes, having considered the same, report 
favorably thereon with amendments and recommend that the bill 
as amended do pass.
  The amendments are as follows:
  Strike out all after the enacting clause and insert in lieu 
thereof the following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Crow Creek Sioux Tribe Infrastructure 
Development Trust Fund Act of 1996''.

SEC. 2. FINDINGS.

  (a) Findings.--The Congress finds that--
          (1) the 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'' (58 Stat. 887, chapter 
        665; 33 U.S.C. 701-1 et seq.)--
                  (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 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 boundary of the Crow Creek 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 Crow Creek Sioux Tribe 
        and the homeland of the members of the Tribe;
          (4) Public Law 85-916 (72 Stat. 1766 et seq.) authorized the 
        acquisition of 9,418 acres of Indian land on the Crow Creek 
        Indian Reservation for the Fort Randall project and Public Law 
        87-735 (76 Stat. 704 et seq.) authorized the acquisition of 
        6,179 acres of Indian land on Crow Creek for the Big Bend 
        project;
          (5) Public Law 87-735 (76 Stat. 704 et seq.) provided for the 
        mitigation of the effects of the Fort Randall and Big Bend 
        projects on the Crow Creek Indian Reservation, by directing the 
        Secretary of the Army to--
                  (A) replace, relocate, or reconstruct--
                          (i) any existing 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; and
                          (ii) roads, bridges, and incidental matters 
                        or facilities in connection with such 
                        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 87-735 (76 Stat. 704 et 
        seq.) with respect to the mitigation of the effects of the Fort 
        Randall and Big Bend projects on the Crow Creek 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 Crow Creek 
        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 Crow Creek Sioux Tribe will be enhanced by 
        increased tribal participation in the benefits of the Fort 
        Randall and Big Bend components of the Pick-Sloan program; and
          (9) the Crow Creek Sioux Tribe is entitled to additional 
        benefits of the Pick-Sloan Missouri River basin program.

SEC. 3. DEFINITIONS.

  For the purposes of this Act, the following definitions shall apply:
          (1) Fund.--The term ``Fund'' means the Crow Creek 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 Crow Creek Sioux 
        Tribe of Indians, a band of the Great Sioux Nation recognized 
        by the United States of America.

SEC. 4. ESTABLISHMENT OF CROW CREEK SIOUX TRIBE INFRASTRUCTURE 
                    DEVELOPMENT TRUST FUND.

  (a) Crow Creek Sioux Tribe Infrastructure Development Trust Fund.--
There is established in the Treasury of the United States a fund to be 
known as the ``Crow Creek Sioux Tribe Infrastructure Development Trust 
Fund''.
  (b) Funding.--Beginning with fiscal year 1997, and for each fiscal 
year thereafter, until such time as the aggregate of the amounts 
deposited in the Fund is equal to $27,500,000, 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 such paragraph 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 Crow Creek 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
                  (B) unavailable through existing facilities of the 
                Indian Health Service on the Crow Creek Indian 
                Reservation 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 Crow Creek 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 Crow 
        Creek 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 Crow Creek Sioux 
Tribe Infrastructure Development Trust Fund established under section 
4.

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.

  Amend the title so as to read:

    A bill to provide for certain benefits of the Pick-Sloan 
Missouri River basin program to the Crow Creek Sioux Tribe, and 
for other purposes.

                          PURPOSE OF THE BILL

    The purpose of H.R. 2512 is to provide for certain benefits 
of the Pick-Sloan Missouri River basin program to the Crow 
Creek Sioux Tribe.

                  BACKGROUND AND NEED FOR LEGISLATION

    H.R. 2512, the Crow Creek Sioux Tribe Infrastructure 
Development Trust Fund Act of 1996, would establish for the 
benefit of the Crow Creek Sioux Tribe a $27.5 million fund, 
using receipts from the programs of the Eastern Division of the 
Pick-Sloan Missouri River basin program.
    When Congress enacted the Pick-Sloan Missouri River basin 
program in 1944, it authorized two projects, the Fort Randall 
and Big Bend projects, which overlie the western boundary of 
the Crow Creek Indian Reservation. These projects have 
inundated the bottom lands of that Tribe along the Missouri 
River.
    Public Law 85-916 authorized the acquisition of 9,418 acres 
of Indian land on the Crow Creek Indian Reservation for the 
Fort Randall project and Public Law 87-735 authorized the 
acquisition of 6,179 acres of land on the Crow Creek Indian 
Reservation for the Big Ben project. Public Law 87-735 also 
provided for the mitigation of the effects of the Fort Randall 
and Big Bend projects on the Crow Creek Indian Reservation by 
directing the Secretary of the Army to replace, relocate, or 
reconstruct existing essential government and agency facilities 
on the reservation, provide for a township adequate for 50 
homes and utilities, and provide for various tribal facilities.
     Because the Federal Government has failed to meet the 
mitigating requirements of P.L. 87-735, H.R. 2512 provides that 
the Crow Creek Sioux Tribe is entitled to additional benefits 
of the Pick-Sloan Missouri River basin program, including 
hydropower revenues and infrastructure development.
     H.R. 2512 would establish in the Treasury of the United 
States, a $27.5 million Crow Creek Sioux Tribe Infrastructure 
Development Trust Fund. This Fund would be financed, starting 
with fiscal year 1997, by the Secretary of the Treasury 
depositing in the Fund a portion of revenues from receipts from 
the programs of the Eastern Division of the Pick-Sloan Missouri 
River basin program. Beginning with the fiscal year after the 
Fund reaches the $27.5 million level, and for each fiscal year 
thereafter, all interest amounts transferred out of the Fund 
and into that separate account will be available without fiscal 
year limitation to the Secretary of the Interior for use 
pursuant to a Plan developed by the Tribe.

                            COMMITTEE ACTION

     H.R. 2512 was introduced on October 19, 1995, by 
Congressman Tim Johnson (D-SD). The bill was referred to the 
Committee on Resources, and within the Committee jointly to the 
Subcommittees on Native American and Insular Affairs and Water 
and Power Resources. On April 25, 1996, the Subcommittee on 
Native American and Insular Affairs held a joint hearing with 
the Senate Committee on Indian Affairs on H.R. 2512, where the 
Department of the Interior generally supported the bill and 
indicated that it views some provisions of H.R. 2512 as an 
implementation tool through which the Tribe may finally realize 
the mandate expressed by Congress in the Big Bend Act of 1962. 
The Department of the Army deferred to the Department of the 
Interior for the Administration's position on the bills. On 
August 1, 1996, the Full Resources Committee met to consider 
H.R. 2512. The two subcommittees were discharged from further 
consideration of the bill. An amendment in the nature of a 
substitute was offered by Congressman Johnson and adopted by 
voice vote. The bill as amended was then ordered favorably 
reported to the House of Representatives.

                      section-by-section analysis

Section 1. Short title

    This section titles the Act as the ``Crow Creek Sioux Tribe 
Infrastructure Development Trust Fund Act of 1996''.

Section 2. Findings

     This section provides the Congressional findings for the 
bill.

Section 3. Definitions

     This section defines five terms, including Fund, Plan, 
Program, Secretary and Tribe.

Section 4. Establishment of Crow Creek Sioux Tribe Infrastructure 
        Development Trust Fund

    Subsection (a) would establish in the Treasury of the 
United States the Crow Creek Sioux Tribe Infrastructure 
Development Trust Fund.
    Under subsection (b), starting with fiscal year 1997, and 
until an aggregate amount of $27.5 million is deposited into 
the Fund, the Secretary of the Treasury shall deposit into the 
Fund 25 percent of the receipts from the deposits to the 
Treasury for the preceding fiscal year from the Pick-Sloan 
Missouri River basin program.
    Under subsection (c), the Secretary of the Treasury shall 
invest the amounts deposited into the Fund only in interest-
bearing obligations of the United States or in obligations 
guaranteed as to both principal and interest by the United 
States.
    Under subsection (d)(1), the Secretary of the Treasury 
shall transfer interest that accrues in the Fund into a 
separate account. Under paragraph (2), beginning with the 
fiscal year after the Fund reaches the $27.5 million level, and 
for each fiscal year thereafter, all interest amounts 
transferred out of the Fund and into that separate account 
established under paragraph (1) above shall be available 
without fiscal year limitation to the Secretary of the Interior 
for use pursuant to subparagraph (C). The Secretary of the 
Treasury may only withdraw funds from the account and transfer 
them to the Secretary of the Interior for the purpose specified 
in paragraph (C). Under subparagraph (C), the Secretary of the 
Interior shall only use the funds transferred pursuant to 
sections (A) and (B) above for the purpose of making payments 
to the Tribe. The Tribe shall use the payments received from 
the Secretary of the Interior only for carrying out projects 
and programs pursuant to the Plan prepared under section 5 
below.
    Under paragraph (3), no portion of any payment made under 
this subsection may be distributed to any member of the Tribe 
on a per capita basis.
    Under subsection (e), except as provided in subsection 
(d)(1), the Secretary of the Treasury may not transfer or 
withdraw any amount deposited under subsection (b).

Section 5. Plan for socioeconomic recovery and cultural preservation

    Under subsection (a), the Tribe shall prepare a Plan, after 
consulting with the Secretaries of the Interior and Health and 
Human Services, for the use of payments made to the Tribe out 
of the account. The Plan shall identify the costs and benefits 
and provide plans with respect to each component of the Plan.
    Subsection (b) describes the content of the 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 Crow Creek 
        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 determined to be needed and 
        unavailable through existing facilities of the Indian 
        Health Service on the Tribe's reservation.
         (3) Water System. The Plan shall provide for the 
        construction, operation, and maintenance of a 
        municipal, rural, and industrial water system for the 
        Crow Creek 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 Crow Creek Reservation in South 
        Dakota.
         (5) Other Projects and Programs. The Plan shall 
        provide for such various other projects and programs 
        for the educational, social welfare, economic 
        development and cultural preservation as the Tribe 
        considers to be appropriate.

Section 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 for administrative expenses of the Fund.

Section 7. Effects of payments to tribe

    No payment made to the Tribe or a member of the Tribe 
pursuant to this Act shall result in the reduction or denial of 
any service or program to which, pursuant to federal law, the 
Tribe or member of the Tribe is otherwise entitled. However, no 
payment made pursuant to this Act shall affect Pick-Sloan 
Missouri River basin power rates, and nothing is this Act may 
be construed as diminishing or affecting any right of the Tribe 
that is not otherwise addressed in this Act or any treaty 
obligation of the United States.

            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    With respect to the requirements of clause 2(l)(3) of rule 
XI of the Rules of the House of Representatives, and clause 
2(b)(1) of rule X of the Rules of the House of Representatives, 
the Committee on Resources' oversight findings and 
recommendations are reflected in the body of this report.

                     INFLATIONARY IMPACT STATEMENT

    Pursuant to clause 2(l)(4) of rule XI of the Rules of the 
House of Representatives, the Committee estimates that the 
enactment of H.R. 2512 will have no significant inflationary 
impact on prices and costs in the operation of the national 
economy.

                        COST OF THE LEGISLATION

    Clause 7(a) of rule XIII of the Rules of the House of 
Representatives requires an estimate and a comparison by the 
Committee of the costs which would be incurred in carrying out 
H.R. 2512. However, clause 7(d) of that rule provides that this 
requirement does not apply when the Committee has included in 
its report a timely submitted cost estimate of the bill 
prepared by the Director of the Congressional Budget Office 
under section 403 of the Congressional Budget Act of 1974.

                     COMPLIANCE WITH HOUSE RULE XI

    1. With respect to the requirement of clause 2(l)(3)(B) of 
rule XI of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, H.R. 
2512 does not contain any new budget authority, credit 
authority, or an increase or decrease in revenues or tax 
expenditures. The bill would increase direct spending authority 
by approximately $1.4 million per year beginning in 1998, for a 
total outlay of $4 million.
    2. With respect to the requirement of clause 2(l)(3)(D) of 
rule XI of the Rules of the House of Representatives, the 
Committee has received no report of oversight findings and 
recommendations from the Committee on Government Reform and 
Oversight on the subject of H.R. 2512.
    3. With respect to the requirement of clause 2(l)(3)(C) of 
rule XI of the Rules of the House of Representatives and 
section 403 of the Congressional Budget Act of 1974, the 
Committee has received the following cost estimate for H.R. 
2512 from the Director of the Congressional Budget Office.

               CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

                                     U.S. Congress,
                               Congressional Budget Office,
                                   Washington, DC, August 16, 1996.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 2512, the Crow 
Creek Sioux Tribe Infrastructure Development Trust Fund Act of 
1996.
    Enacting H.R. 2512 would affect direct spending. Therefore, 
pay-as-you-go procedures would apply to the bill.
    If you wish further details on this estimate, we will be 
pleased to provide them.
            Sincerely,
                                              James L. Blum
                                   (For June E. O'Neill, Director).
    Enclosure.

               congressional budget office cost estimate

    1. Bill number: H.R. 2512.
    2. Bill title: Crow Creek Sioux Tribe Infrastructure 
Development Trust Fund Act of 1996.
    3. Bill status: As ordered reported by the House Committee 
on Resources on August 1, 1996.
    4. Bill purpose: H.R. 2512 would provide for compensation 
to the Crow Creek Sioux Tribe for the taking of tribal lands 
for the site of the Fort Randall and Big Bend dam projects. The 
bill would establish an economic recovery fund for the tribe 
and make interest earned by the fund available to the tribe for 
education, health, maintenance of water systems, and other 
purposes.
    5. Estimated cost to the Federal Government: CBO estimates 
that enacting H.R. 2512 would create new direct spending 
authority of about $1.4 million each year, beginning in fiscal 
year 1998. We estimate that the resulting outlays would total 
about $4 million over the 1997-2002 period, as shown in the 
following table.

                                    [By fiscal years, in millions of dollars]                                   
----------------------------------------------------------------------------------------------------------------
                                                   1997       1998       1999       2000       2001       2002  
----------------------------------------------------------------------------------------------------------------
                                           CHANGES IN DIRECT SPENDING                                           
                                                                                                                
Estimated budget authority....................          0        1.5        1.4        1.4        1.4        1.4
Estimated outlays.............................          0        0.2        0.5        0.8        1.1        1.3
----------------------------------------------------------------------------------------------------------------

    The costs of this bill fall within budget function 450.
    6. Basis of estimate: H.R. 2512 would establish a Crow 
Creek Sioux Tribe Infrastructure Development Trust Fund, into 
which would be deposited an amount equal to 25 percent of the 
previous year's receipts from the power program of the Pick-
Sloan Missouri River basin program, with a cap of no more than 
$27.5 million. Since the power program's receipts for fiscal 
year 1996 are estimated to be greater than $200 million, CBO 
expects that the fund would be fully capitalized in fiscal year 
1997. This transfer would be intragovernmental and there would 
be no outlays associated with such principal deposits.
    The bill would direct that the principal be invested in 
interest-bearing Treasury obligations. The interest would be 
transferred to another account, which the tribe would be able 
to use for various purposes. H.R. 2512 states that the interest 
would be made available to the Secretary of the Interior to 
transfer to the tribe the year after the Infrastructure 
Development Trust Fund is fully funded. Assuming a transfer to 
the fund early in fiscal year 1997, CBO estimates that interest 
earnings of about $1.4 million would be made available to the 
tribe in fiscal year 1998 and in each subsequent year. These 
amounts would be available for spending without appropriations 
action. Estimated outlays of this interest by the tribe are 
based on historical spending rates for programs with similar 
goals and activities as those stated in the bill.
    7. Pay-as-you-go considerations: Section 252 of the 
Balanced Budget and Emergency Deficit Control Act of 1985 sets 
up pay-as-you-go procedures for legislation affecting direct 
spending or receipts through 1998. CBO estimates that enacting 
H.R. 2512 would affect direct spending in the form of payments 
to the Crow Creek Sioux Tribe from the tribe's Infrastructure 
Development Trust Fund. Such payments would begin in fiscal 
year 1998, but we estimate that outlays would total less than 
$500,000 in that year. The following table summarizes the 
estimated pay-as-you-go impact of this bill.

                [By fiscal years in millions of dollars]                
------------------------------------------------------------------------
                                            1996       1997       1998  
------------------------------------------------------------------------
Change in outlays......................          0          0          0
Change in receipts.....................      (\1\)      (\1\)      (\1\)
------------------------------------------------------------------------
\1\ Not applicable.                                                     

    8. Estimated impact on State, local, and tribal 
governments: H.R. 2512 contains no intergovernmental mandates 
as defined in the Unfunded Mandates Reform Act of 1995 (Public 
Law 104-4).
    Section 5 of the bill would require the Crow Creek Sioux 
Tribe to prepare a plan for using payments from the Federal 
Government authorized by section 4 as a condition of receiving 
those payments and would specify a number of elements to be 
included in the plan. Based on information provided by the 
tribe, CBO estimates that the cost of complying with this 
requirement would be about $500,000 over two years. The bill 
would not authorize any funds for preparing the plan, but the 
annual payments received from the Federal Government would be 
used by the tribe to carry out projects included in the plan.
    H.R. 2512 would impose no other costs on state, local, or 
tribal governments.
    9. Estimated impact on the private sector: This bill would 
impose no new private-sector mandates as defined in Public Law 
104-4.
    10. Previous CBO estimate: On August 9, 1996, CBO prepared 
a cost estimate for S. 1264 for the Senate Committee on Indian 
Affairs. The bills are identical, as are the cost estimates.
    11. Estimate prepared by: Federal cost estimate: Lisa Daley 
and Rachel Robertson. Impact on State, local, and tribal 
governments: Marjorie Miller. Impact on the private sector: Amy 
Downs.
    12. Estimate approved by: Paul N. Van de Water, Assistant 
Director for Budget Analysis.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    H.R. 2512 contains no unfunded mandates as defined in 
Public Law 104-4.

                        CHANGES IN EXISTING LAW

    If enacted, H.R. 2512 would make no changes in existing 
law.