S 2489
110th CONGRESS
1st Session
S. 2489
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 SENATE OF THE UNITED STATES
December 14, 2007
Mr. JOHNSON (for himself and Mr. THUNE) introduced the following bill;
which was read twice and referred to the Committee on Indian Affairs
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.
(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; and
(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 (33 U.S.C. 701-1 et seq.) (commonly known as the `Flood Control
Act of 1944').
(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) TRIBAL COUNCIL- The term `Tribal Council' means the governing
body of the Tribe.
(8) TRIBE- The term `Tribe' means the Oglala Sioux Tribe of the Pine
Ridge Indian Reservation.
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 entitled
`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 deposit in the Fund, from the general fund of
the Treasury, $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 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 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 into the Fund under paragraph
(2).
(A) IN GENERAL- Not later than 18 months after the date of enactment
of this Act, the Tribal Council 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 clauses (i)
through (iii).
(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 under this subparagraph shall--
(I) determine whether funds received by the Tribe under this
section for the period covered by the audit 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 described
in 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) any right or claim of the Tribe under the Treaty of Fort Laramie
of September 17, 1851 (11 Stat. 749);
(2) any right or claim 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
