110th CONGRESS
1st Session
H. R. 883
To enhance and provide to the Oglala Sioux Tribe and Angostura
Irrigation Project certain benefits of the Pick-Sloan Missouri River basin
program.
IN THE HOUSE OF REPRESENTATIVES
February 7, 2007
Ms. HERSETH introduced the following bill; which was referred to the Committee
on Natural Resources
A BILL
To enhance and provide to the Oglala Sioux Tribe and Angostura
Irrigation Project certain benefits of the Pick-Sloan Missouri River basin
program.
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
Modernization and Development Act'.
SEC. 2. FINDINGS.
Congress finds as follows:
(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
(A) is a component of the Pick-Sloan program; and
(i) irrigation of approximately 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) The Reservation experiences extremely high rates of unemployment and
poverty.
(6) There is a need for economic development on the Reservation.
(7) The national economic development benefits of the Angostura Unit do
not extend to the Reservation.
(8) The Angostura Unit may be associated with negative effects on water
quality and riparian vegetation in the Cheyenne River on the Reservation.
(9) 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.
(10) 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.
(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.
(6) SECRETARY- The term `Secretary' means the Secretary of the Interior.
(7) TRIBE- The term `Tribe' means the Oglala Sioux Tribe of the Pine Ridge
Indian Reservation.
(8) TRIBAL COUNCIL- The term `Tribal Council' means the governing body
of the Tribe.
SEC. 4. MODERNIZATION.
(a) Modernization of Facilities at Angostura Unit-
(1) 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 titled `Final Environmental Impact
Statement, Angostura Unit Contract Negotiation and Water Management (August
2002)'.
(2) NONREIMBURSABILITY- The cost of the modernization and improvement
of the facilities at the Angostura Unit shall be carried out on a nonreimbursable
basis.
(b) 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 as an instream flow
of the Cheyenne River to be used for fish and wildlife purposes and environmental
restoration on the Reservation.
(c) Authorization of Appropriations- There is authorized to be appropriated
to carry out subsection (a) $4,660,000, to remain available until expended.
SEC. 5. DEVELOPMENT.
(a) Oglala Sioux Tribal Development Trust Fund-
(1) 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 Act.
(2) FUNDING- Not later than 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 $92,500,000.
(3) INVESTMENT OF TRUST FUND-
(A) 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.
(B) ELIGIBLE OBLIGATIONS- Notwithstanding any other provision of law,
the Secretary of the Treasury shall invest the amounts deposited under
paragraph (2) and the interest earned on those amounts only in interest-bearing
obligations of the United States issued directly to the Fund.
(C) INTEREST- The Secretary of the Treasury shall deposit interest resulting
from such investments into the Fund.
(4) PAYMENT OF INTEREST TO TRIBE-
(A) WITHDRAWAL OF INTEREST- On October 1st of each year, 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 subparagraph (C).
(B) AVAILABILITY- Each amount transferred under subparagraph (A) shall
be available without fiscal year limitation.
(i) IN GENERAL- The Secretary of the Interior shall use the amounts
transferred under subparagraph (A) only for the purpose of making
payments to the Tribe, as such payments are requested by the Tribe
pursuant to tribal resolution.
(ii) LIMITATION- Payments may be made by the Secretary of the Interior
under clause (i) only after the Tribe has adopted a plan under paragraph
(6).
(iii) USE OF PAYMENTS BY TRIBE- The Tribe shall use the payments made
under this subparagraph only for carrying out projects and programs
under the plan prepared under paragraph (6).
(5) LIMITATION ON TRANSFERS AND WITHDRAWALS- Except as provided in paragraphs
(3) and (4)(A), the Secretary of the Treasury shall not transfer or withdraw
any amount deposited under paragraph (2).
(A) 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 paragraph (4).
(B) CONTENTS- The plan shall provide for the manner in which the Tribe
shall expend payments to the Tribe under paragraph (4) to promote--
(i) economic development;
(ii) infrastructure development;
(iii) the educational, health, recreational, and social welfare objectives
of the Tribe and members of the Tribe; or
(iv) any combination of the activities described in subparagraphs
(A) through (C).
(C) PLAN REVIEW AND REVISION-
(i) 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.
(I) IN GENERAL- The Tribal Council may, on an annual basis, revise
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.
(iii) CONSULTATION- In preparing the plan and any revisions to the
plan, the Tribal Council shall consult with the Secretary and the
Secretary of Health and Human Services.
(i) 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.
(ii) DETERMINATION BY AUDITORS- The auditors that conduct the audit
conducted pursuant to this subparagraph shall--
(I) determine whether funds received by the Tribe under this section
for the period covered by the audit conducted pursuant to this subparagraph
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).
(iii) INCLUSION OF FINDINGS WITH PUBLICATION OF PROCEEDINGS OF TRIBAL
COUNCIL- A copy of the written findings of the audit conducted pursuant
to this subparagraph 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.
(7) PROHIBITION OF PER CAPITA PAYMENTS- No portion of any payment made
under this Act may be distributed to any member of the Tribe on a per
capita basis.
(b) Eligibility of Tribe for Certain Programs and Services- No payment made
to the Tribe under this Act 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.
(c) Authorization of Appropriations- There are authorized to be appropriated
such sums as are necessary to pay the administrative expenses of the Fund.
(d) Disclaimer of Effects- Nothing in this Act affects--
(1) the rights or claims of the Tribe under the Treaty of Fort Laramie
of September 15, 1851 (11 Stat. 749);
(2) the rights or claims of the Tribe under the Treaty of Fort Laramie
of April 29, 1868 (15 Stat. 635); or
(3) the reserved water rights of the Tribe under the principles of Winters
v. United States (207 U.S. 564 (1908)).
END
