[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 883 Introduced in House (IH)]
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
(D) for other purposes.
(2) The Angostura Unit--
(A) is a component of the Pick-Sloan program; and
(B) provides for--
(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.
In this Act:
(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.
(C) Payments to tribe.--
(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).
(6) Development plan.--
(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.
(ii) Updating of plan.--
(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.
(D) Audit.--
(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)).
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