2000
<PRE>[DOCID: f:s156enr.txt]
        S.156

                       One Hundred Fifth Congress

                                 of the

                        United States of America


                          AT THE FIRST SESSION

          Begun and held at the City of Washington on Tuesday,
 the seventh day of January, one thousand nine hundred and ninety-seven


                                 An Act


 
   To provide certain benefits of the Pick-Sloan Missouri River Basin 
     program to the Lower Brule Sioux Tribe, and for other purposes.

    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 ``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;
        (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.
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 subpar
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agraph (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 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--
            (A) any right of the Tribe that is not otherwise addressed 
        in this Act; or
            (B) any treaty obligation of the United States.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.

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