[105th Congress Public Law 132]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ132.105]
[[Page 111 STAT. 2563]]
Public Law 105-132
105th Congress
An Act
To provide certain benefits of the Pick-Sloan Missouri River Basin
program to the Lower Brule Sioux Tribe, and for other
purposes. <<NOTE: Dec. 2, 1997 - [S. 156]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Lower Brule
Sioux Tribe Infrastructure Development Trust Fund Act.>>
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, 1944, commonly known as
the ``Flood Control Act of 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
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;
[[Page 111 STAT. 2564]]
(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.
[[Page 111 STAT. 2565]]
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 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.--
[[Page 111 STAT. 2566]]
(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
(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--
[[Page 111 STAT. 2567]]
(A) any right of the Tribe that is not otherwise
addressed in this Act; or
(B) any treaty obligation of the United States.
Approved December 2, 1997.
LEGISLATIVE HISTORY--S. 156:
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SENATE REPORTS: No. 105-146 (Comm. on Indian Affairs).
CONGRESSIONAL RECORD, Vol. 143 (1997):
Nov. 9, considered and passed Senate.
Nov. 13, considered and passed House.
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