Text: S.156 — 105th Congress (1997-1998)All Information (Except Text)

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Public Law No: 105-132 (12/02/1997)

 
[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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