<DOC>
[108 Senate Hearings]
[From the U.S. Government Printing Office via GPO Access]
[DOCID: f:94530.wais]
S. Hrg. 108-625
THE OGLALA SIOUX TRIBE ANGOSTURA
IRRIGATION PROJECT REHABILITATION
AND DEVELOPMENT ACT
=======================================================================
HEARING
BEFORE THE
COMMITTEE ON INDIAN AFFAIRS
UNITED STATES SENATE
ONE HUNDRED EIGHTH CONGRESS
SECOND SESSION
ON
S. 1996
TO ENHANCE AND PROVIDE TO THE OGLALA SIOUX TRIBE AND
ANGOSTURA IRRIGATION PROJECT CERTAIN BENEFITS OF THE PICK-SLOAN
MISSOURI RIVER BASIN PROGRAM
__________
JUNE 16, 2004
WASHINGTON, DC
U.S. GOVERNMENT PRINTING OFFICE
94-530 WASHINGTON : 2004
____________________________________________________________________________
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COMMITTEE ON INDIAN AFFAIRS
BEN NIGHTHORSE CAMPBELL, Colorado, Chairman
DANIEL K. INOUYE, Hawaii, Vice Chairman
JOHN McCAIN, Arizona, KENT CONRAD, North Dakota
PETE V. DOMENICI, New Mexico HARRY REID, Nevada
CRAIG THOMAS, Wyoming DANIEL K. AKAKA, Hawaii
ORRIN G. HATCH, Utah BYRON L. DORGAN, North Dakota
JAMES M. INHOFE, Oklahoma TIM JOHNSON, South Dakota
GORDON SMITH, Oregon MARIA CANTWELL, Washington
LISA MURKOWSKI, Alaska
Paul Moorehead, Majority Staff Director/Chief Counsel
Patricia M. Zell, Minority Staff Director/Chief Counsel
(ii)
C O N T E N T S
----------
Page
S. 1996, text of................................................. 3
Statements:
Daschle, Hon. Tom, U.S. Senator from South Dakota............ 23
Inouye, Hon. Daniel K., U.S. Senator from Hawaii, vice
chairman, Committee on Indian Affairs...................... 1
Janis, Valerie, council member, Oglala Sioux tribal council,
Pine Ridge, SD............................................. 19
Johnson, Hon. Tim, U.S. Senator from South Dakota............ 15
Mooney, Ross, acting director, Trust Services, BIA,
Department of the Interior................................. 16
Steele, John Yellow Bird, president Oglala Sioux Tribe, Pine
Ridge, SD.................................................. 19
Appendix
Prepared statements:
Mooney, Ross................................................. 29
Steele, John Yellow Bird..................................... 31
THE OGLALA SIOUX TRIBE ANGOSTURA IRRIGATION PROJECT REHABILITATION AND
DEVELOPMENT ACT
----------
WEDNESDAY, JUNE 15, 2004
U.S. Senate,
Committee on Indian Affairs,
Washington, DC.
The committee met, pursuant to notice, at 2 p.m. in room
485, Senate Russell Building, Hon. Daniel K. Inouye (vice
chairman of the committee) presiding.
Present: Senators Inouye and Johnson.
STATEMENT OF HON. DANIEL K. INOUYE, U.S. SENATOR FROM HAWAII,
VICE CHAIRMAN, COMMITTEE ON INDIAN AFFAIRS
Senator Inouye. The Senate Committee on Indian Affairs to
order. We are meeting today to discuss S. 1996, the Oglala
Sioux Tribe Angostura Irrigation Project Rehabilitation and
Development Act, a bill sponsored by Senator Tom Daschle of
South Dakota.
The Angostura Unit is a part of the Missouri River Basin
Pick-Sloan Program. It is an irrigation project operated by the
Bureau of Reclamation in southwestern South Dakota. This
project diverts up to 48,000 acre-feet of water annually from
the Cheyenne River to irrigate more than 12,000 acres of
farmland in the Angostura Irrigation District.
The Pine Ridge Indian Reservation, home of the Oglala Sioux
Tribe, is located on the Cheyenne River downstream of the
Angostura Unit. The tribe receives no economic benefit from the
operation of the Unit, but does suffer significant economic,
environmental and ecological harm because of the greatly
reduced flows in the Cheyenne River.
According to the testimony that has been submitted to the
committee for this hearing, the territory of the Oglala Sioux
Tribe was first recognized by the United States in the treaty
of Fort Laramie of 1851. Under the Winters Doctrine established
by the U.S. Supreme Court, the reservation of lands of this
tribe and for other tribes includes the right to a sufficient
amount of water to fulfill the purposes for which the
reservation was established.
Typically, these reserve water rights have a priority date
that coincides with the date of establishment of a tribe's
reservation. Thus, the water rights of the Oglala Sioux Tribe
predate the formation of the Angostura Irrigation Project by
nearly 100 years. Nonetheless, the operation of the Angostura
Irrigation Project by the Interior Department's Bureau of
Reclamation provides for no release of water for instream flows
of the Cheyenne River upon which the survival of fish and
wildlife and tribal agriculture depends.
In August 2002, the final environmental impact statement
for the Angostura Unit was completed. That final EIS documented
substantially diminished water flows in the Cheyenne River, as
well as serious impacts on water quality. These circumstances
have led to disputes between the tribe and non-Indian water
users over the continued operation of the Angostura Unit.
S. 1996 is intended to resolve those disputes. The bill has
two parts. Title I provides funds to upgrade the efficiency of
the irrigation works associated with the Irrigation District so
that the water thus conserved can be returned to the river for
the benefit of the tribe and other downstream interests. Title
II establishes an economic development fund for the benefit of
the tribe.
Because we are advised that certain sections of this bill
have yet to be fully developed, the committee would hope that
the Interior Department would be willing to work with the
committee and the Oglala Sioux Tribe in further refining this
measure.
[Text of S. 1996 follows:]
<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
Senator Inouye. May I call upon Senator Tim Johnson.
STATEMENT OF HON. TIM JOHNSON, U.S. SENATOR FROM SOUTH DAKOTA
Senator Johnson. Thank you, Senator Inouye. I thank you and
Chairman Campbell for your willingness to hold this important
hearing today pertaining to S. 1996, the Oglala Sioux Tribe
Angostura Irrigation Project Rehabilitation and Development
Act, a bill introduced by my senior Senator, Senator Tom
Daschle, and cosponsored by myself.
I would also like to recognize and thank the Oglala Sioux
tribal president, John Yellow Bird Steele, for coming to
testify today, and for his leadership on this issue.
Accompanying President Steele here today are Oglala Sioux
tribal council members Valerie Killsmall Janis, Gary Janis,
Cora Hildebrand Whiting, and Carol O'Rourke. I welcome the
Oglala Sioux tribal council members and other South Dakotans
that are joining us here this afternoon. I appreciate all the
hard work that you are doing on behalf of the Oglala people.
The Angostura legislation addresses the legal and equitable
claims of the Oglala Sioux Tribe relating to the Angostura
Unit's environmental impacts in the Cheyenne River watershed on
the Pine River Reservation. In August 2002, Reclamation
released its final environmental impact statement, Angostura
Unit Contract Negotiation and Water Management. The final EIS
verifies that the water flows, water quality and riparian
habitat below Angostura have diminished substantially. The
Angostura Unit is located 15 miles from the Pine Ridge
Reservation, and the project has impacted the environmental and
economic resources of the Oglala Sioux Tribe.
Proposed amendments call for a $92.5-million trust fund to
be set up to make the tribe whole. I am supportive of this
legislation and I look forward to working with the tribe as
this bill moves forward.
I want to conclude by thanking Senator Daschle for
introducing this legislation. I have been known to say that our
tribes have no better friend in Washington than my friend and
colleague, Tom Daschle. I look forward to working with Senator
Daschle on this legislation. I know that it was his intent to
lead off the testimony here today. Hopefully, he will be able
to join us, but as you know, he is balancing demands on his
time on the floor with the Defense authorization bill and other
matters all going on simultaneously. I will leave it to the
chairman in which order to call witnesses, but I know that
Senator Daschle regards this legislation as among his very
highest priorities.
Thank you, Mr. Vice Chairman.
Senator Inouye. I can assure you that Senator Daschle will
be here. He is at this moment presiding over a matter of great
importance and some sensitivity. I have been instructed to move
ahead and not to keep you waiting.
With that in mind, I would like to call upon the acting
director of Trust Services of BIA, Ross Mooney. Mr. Mooney,
welcome, sir.
STATEMENT OF ROSS MOONEY, ACTING DEPUTY DIRECTOR, OFFICE OF
TRUST SERVICES, BIA, DEPARTMENT OF THE
INTERIOR
Mr. Mooney. Good afternoon, Mr. Vice Chairman.
I am pleased to provide the Administration's views on S.
1996, the Oglala Sioux Tribe Angostura Irrigation Project
Rehabilitation and Development Act. This bill would enhance and
provide certain project benefits for the Oglala Sioux Tribe in
connection with water conservation improvements on the
Angostura Irrigation Project.
Title I of this bill would authorize the secretary to
rehabilitate and improve the facilities of the project, a
component of the larger Pick-Sloan project in the Missouri
River Basin. Furthermore, title I would provide that the
Secretary shall to the maximum extent practicable deliver water
saved through the rehabilitation and improvement of the
facilities of the Angostura Project to the Pine Ridge Indian
Reservation and provide that the use of that water be used for
environmental restoration.
Title II of the bill would create a tribal development
trust fund to promote economic development, infrastructure
development, and the educational, health, recreational and
social welfare objectives of the tribal members. The
Administration shares the concern of the tribe about the need
to improve economic, educational and health systems on the
reservation and will continue to work with the tribe to seek
solutions to promote these reforms.
While the Administration has some concerns that are
contained in the written testimony, Mr. Chairman, we share the
sponsor's goal of finding innovative solutions for economic,
education, health, recreational and social welfare improvements
on the reservation. The Department stands ready to work with
the tribe, this committee and the South Dakota delegation on
possible solutions.
This concludes my testimony and I will be happy to respond
to questions you may have. Thank you.
[Prepared statement of Mr. Mooney appears in appendix.]
Senator Inouye. I thank you very much, sir.
My first question is, how many Indian tribes have been
affected by the Missouri River Basin Pick-Sloan program? And
how many of those tribes have alleged injuries that have not
yet been fully addressed by Congress?
Mr. Mooney. I cannot respond to that, sir, because the
Commissioner of Reclamation was unable to make the meeting. But
I have been involved with five other tribes, the Cheyenne
River, Lower Brule, Standing Rock, some of those other tribes
that were more directly impacted by some of the facilities that
were constructed as part of the Pick-Sloan project.
Senator Inouye. There are several tribes with alleged
injuries.
Mr. Mooney. Most of the tribes within the Missouri River
basin, as I understand it, did have some impacts as a result of
the facilities associated with Pick-Sloan.
Senator Inouye. In your written testimony, you state that
the Department is not aware of any specific impacts caused by
the development of the Angostura Unit. How do you reconcile
this statement with the findings of the final environmental
impact statement of August 2002 prepared by your own
Department, that specifically documents substantially
diminished water flows in the Cheyenne, as well as serious
impacts on water quality?
Mr. Mooney. The EIS was developed by the Bureau of
Reclamation, and again, since the Commissioner of Reclamation
could not appear at this time, I really cannot respond to that
question. I will be glad to take it in writing and we can
respond later.
Senator Inouye. Yes; can you provide us with that, sir,
your written response? I would appreciate that.
Mr. Mooney. Yes, Mr. Vice Chairman; I sure can.
Senator Inouye. Your testimony states that the
Administration does not support the enactment of legislation
mandating that water saved through improved efficiency of the
Angostura Unit be applied to environmental restoration on the
Pine Ridge Indian Reservation. Does the Department propose any
alternative measures to address the economic and ecological
injuries the tribe claims to have suffered? Is it the
Department's position that no such injuries have been
demonstrated?
Mr. Mooney. I do not believe we put forth that there have
been no injuries, but dedicating the water that is saved
through efficiencies of the rehabilitation of the project, in
putting this in the bill, in a sense circumvents the public
interface with the other stakeholders in the area. The way the
bill is written, it appears to dedicate this water strictly to
the Pine Ridge Reservation without further consultation with
these other stakeholders.
Senator Inouye. What do you propose to do with other
stakeholders? They have been kept out in the cold up until now.
What do you propose to do with them?
Mr. Mooney. Are you referring to the Oglala Sioux Tribe
stakeholders?
Senator Inouye. Of the tribe, yes.
Mr. Mooney. As I stated in the testimony, we will be glad
to work with this committee and the tribe to come to resolution
and solutions on these kinds of issues.
Senator Inouye. These tribes have been asking for relief
for some time. Have you attempted anything up until now?
Mr. Mooney. I personally am not aware of any actions that
the Commissioner has taken. I am sure he has worked diligently
to try to work with the tribes, especially through the EIS
process. Any further detail on that, I would have to refer to
him.
Senator Inouye. I thank you very much, sir.
May I call upon Senator Johnson.
Senator Johnson. Thank you, Senator Inouye.
Mr. Mooney, this the final environmental impact statement
for Angostura Unit. Have you read the EIS?
Mr. Mooney. I have read a brief summary of it, sir, but I
have not read the whole EIS.
Senator Johnson. Okay. In your statement, you testified
that the Secretary currently possesses the authority to
rehabilitate the irrigation unit, but on page 24 of the EIS, it
states that legislation is required for this. Wouldn't you
agree that this presents a discrepancy between your statement
and the EIS evaluation?
Mr. Mooney. Yes, sir; I agree. As you stated, it seems to
be a discrepancy.
Senator Johnson. You testified that S. 1996 excludes all
other stakeholders. As a cosponsor of S. 1996, my staff is
engaged in discussions with the Bureau of Reclamation and other
stakeholders. Additionally, I know that President John Steele
has been in discussion with the Angostura Irrigation District
and members of Hot Springs and Oral communities. With these
discussions taking place, how exactly is it that S. 1996
undermines collaboration with other stakeholders?
Mr. Mooney. The bill appears to circumvent that. If there
have been official consultations with the stakeholders, then
that does not seem to be a problem. Again, I would defer the
final answer to that question to the Commissioner of
Reclamation.
Senator Johnson. When you refer to stakeholders, who
exactly are you talking about and which stakeholders have you
spoken with?
Mr. Mooney. The EIS was performed in cooperation with the
Angostura Irrigation District; the Oglala Sioux Tribe, the
Cheyenne River Sioux Tribe; the Lower Brule Sioux Tribe; the
South Dakota Department of Game, Fish and Parks; the U.S.
Geological Survey; U.S. Natural Resources Conservation Service;
the BIA; and the South Dakota Department of Environmental and
Natural Resources.
Senator Johnson. Are you aware that President Steele has
proposed an amendment that provides that the irrigation
improvements are to be on a non-reimbursable basis? And this
amendment, one might think, would alleviate your concerns that
the bill undermines the collaboration with other stakeholders.
Mr. Mooney. I am aware that there has been a proposed
amendment for non-reimbursability of the funds.
Senator Johnson. Do you still see this, however, as an
undermining of collaboration?
Mr. Mooney. Since the commissioner and his delegatees have
been the ones consulting with the stakeholders, I would defer
that detailed answer to him.
Senator Johnson. Your testimony indicates that title I of
the bill is inconsistent with the record of decision, whereas
title I implements the preferred alternative in the EIS and the
record of decision. When you state that title I is inconsistent
with the ROD, which section of the record of decision are you
talking about?
Mr. Mooney. Let me defer that answer to the commissioner.
Senator Johnson. Very good. And you will provide that in
writing?
Mr. Mooney. Yes, sir.
Senator Johnson. Good. I have several other questions, but
I will submit them to you and would appreciate your timely
attention to that.
Mr. Chairman, we received Mr. Mooney's testimony this
morning. Obviously, it is not as favorable as I would like, but
frankly in my view the BIA is not really the agency that should
be testifying in many respects. It is the Bureau of Reclamation
that I think we may need to know more from.
We have drafted several questions for Mr. Mooney and we
will make that part of the record and submit them for his
prompt attention.
Senator Inouye. Without objection, so ordered.
Senator Johnson. Very good. I yield back.
Senator Inouye. I thank you very much.
Mr. Mooney. Thank you, Mr. Vice Chairman.
Senator Inouye. Thank you very much, Mr. Mooney.
May I now call upon John Yellow Bird Steele, the president
of the Oglala Sioux Tribe of Pine Ridge, SD.
STATEMENT OF JOHN YELLOW BIRD STEELE, PRESIDENT,
OGLALA SIOUX TRIBE, ACCOMPANIED BY VALERIE JANIS, COUNCIL
MEMBER, OGLALA SIOUX TRIBAL COUNCIL
Mr. Steele. Thank you very much, Mr. Vice Chairman Inouye.
Thank you for chairing this meeting.
My name is John Yellow Bird Steele. I serve as the
president of the Oglala Sioux Tribe. I thank Senator Johnson
for being here and for cosponsoring this legislation of Senator
Daschle's.
I do have with me Valerie Janis. She is on the tribal
council. She represents the affected community that the river
does pass through, the Cheyenne River on the Pine Ridge
Reservation. And Peter Capasella, our attorney, who is going to
help me answer any questions that may have to be answered.
I filed a written statement, Senator, and I ask that I be
able to summarize that lengthy written statement here.
Senator Inouye. Without objection, your full statement is
made part of the record.
Mr. Steele. I thank you, sir. We have also proposed some
amendments to S. 1996 which I ask to also be included in the
record.
Senator Inouye. Without objection.
Mr. Steele. I would like to thank the Chairman, Senator Ben
Nighthorse Campbell, for allowing this meeting, the conducting
of this hearing on S. 1996. I would like to thank you, Senator
Inouye, for chairing this afternoon's hearing. I would like to
thank you, Senator, for your advocacy for Indian issues over
all of these years.
I would like to thank Senator Johnson for participating in
this afternoon's hearing. I have been working with Senator
Johnson on this specific issue since the early 1990's when the
contracts with the irrigators gave out. It has been 10 years
now, and we do have legislation introduced by the Senator here.
Today, we have an opportunity to discuss the damage to our
reservation caused by the Angostura Dam and the basic
unfairness to our tribe to have our water flows cut off by the
Bureau of Reclamation just above our reservation's boundary.
We the Oglala Sioux Tribe are adapting to the modern world
now. We are making progress. We still have some lack and needs
in housing, education, economic development, but we are making
progress in those areas. We still hold many of our older
practices. This includes hunting and fishing, gathering of
fruits and berries and roots and plants for medicinal purposes.
As children, we grew up doing this.
The Cheyenne River, which is on the northwestern part of
our reservation, was the most fertile and beautiful area.
Historically, the rich Cheyenne River valley attracted tribal
members from throughout the reservation. They gathered there to
hunt, to fish, for recreation, for swimming. The Red Shirt
Table community on the Cheyenne River is one of the most
traditional communities. Many of the residents are descendants
of the survivors of Wounded Knee massacre. This is a rich
historical area. The stronghold is right near there. This is
where our people lived in harmony with the natural environment
for hundreds of years.
The Angostura Dam changed all of that. The dam was built in
the late 1940's. By 1950, the dam was completed and the river
flows in the Cheyenne River were completely cut off of the
reservation. In 1956, the Bureau of Reclamation entered into a
40-year contract with irrigators for water delivery from the
Angostura Irrigation Dam. At that time, our tribe was not
consulted. We were in no position to object to the Bureau of
Reclamation.
The results were devastating. The natural flow of the river
was completely disrupted. Spring floods dried up. Riparian
vegetation dried up. Wild fruits disappeared. Wildlife went
away. Water quality declined. Now the fish have sores or
lesions on them. I believe it was a bottle of water that we
brought from Cheyenne River when we proposed the Mni Wiconi
project that was discolored, had an odor to it, had a bad taste
to it, that they were using there in Red Shirt Table.
The Indian Health Service posted a sign at Red Shirt Table
warning residents not to swim in the Cheyenne River. The water
quality got so bad. The water supply for the community gardens
dried up. Red Shirt Cannery closed down in the 1950's.
They used to have an agricultural cooperative back in the
1950's in Red Shirt Village, along with the irrigation and the
cannery. That had to close down and disband. Our tribe has
suffered severe harm, irreparable harm since the 1950's because
of Angostura Dam.
In 1996, as I said, the water contract expired with the
irrigators. I requested that the Bureau of Reclamation conduct
an EIS, an environmental impact statement. They said it would
take too long, be too costly at first. But then they came
around and they agreed to do it. The EIS took 4 years to
complete. We worked with the irrigators, the recreation people
that use the dam for recreations. We worked with all the
participants in the benefits of the dam right now. We completed
the EIS and that is what we are using today, Senator, on this
legislation.
Our tribal environmental program has accumulated a great
deal of water data on the Cheyenne River. We worked hard to
ensure that this was considered by the Bureau of Reclamation in
the EIS. I do wish the Bureau of Reclamation were here. We have
a relationship with them because we worked with them on that
EIS for many years.
I did discuss with Dennis Breitzman, the manager of the
Dakotas area office, in developing this win-win approach we see
that we are producing today in this legislation, where the
irrigators are going to be satisfied; the recreational people
are going to be satisfied; and the Oglala Sioux Tribe is going
to be satisfied with the stream flow that is going to take care
of those fish with lesions on them, the children swimming in
those ponds, that are supposedly supposed to be a river.
I called it a win-win approach in S. 1996, because
everybody benefits here. Because of the, as I stated,
irreparable harm done by the Angostura Dam over the 50 years, a
trust fund in the amount of $92.5 million will be established
for some of those damages to help mediate some of those
damages. But it is based upon prior legislation by Congress,
and so the EIS has got the amount of $92.5 million in it, based
upon prior legislation.
This is accomplished without quantifying or compromising
our water rights, this legislation. Time-consuming and costly
litigation are being avoided with this legislation. The
environment is being protected and our tribe is trying to be
made whole again with this legislation.
This legislation is based upon many years of negotiations
between our tribe and the Bureau of Reclamation and all of the
water users. It includes provisions favored by the irrigators,
as well as the provisions for fish and wildlife habitat and the
environment. The tribal council supports the bill. The Bureau
of Reclamation participated in the development of the concepts
included in the bill. It is based on BOR's final EIS. All
affected parties have participated and are in support of S.
1996.
I am a little contrary to what the BIA is saying up here.
They have not been a participant over all of these years. They
have made testimony today, but I do not know where they are
coming from because they have not participated one minute. I do
not know how they got their opinion to make a statement today.
But for the reasons that I give you, I urge the committee
to take favorable action on S. 1996. I thank you very much. Let
me defer some of my time for a brief statement from Tribal
Councilperson here, Valerie Janis from the White Clay District,
the Red Shirt Table Area District. Valerie?
Ms. Janis. Thank you, President Steele, and thank you Mr.
Vice Chairman. My name is Valerie Killsmall Janis. I represent
the White Clay District on the Oglala Sioux Tribal Council. The
Red Shirt Table community is located in my district. I know
from growing up in this area and visiting with my relatives in
Red Shirt just how much Angostura Dam affects our area.
Because of the Angostura Dam, we went from hunting and
fishing to food stamps and welfare. We went from gathering
chokecherries, buffalo berries, wild plums and canning them and
storing food supplies for the winter, to being idle and having
no jobs or industry. As our tribal President stated, Red Shirt
Table community had its own cannery and provided jobs and
income for community residents. That is all gone now.
We need the development trust fund that is provided in S.
1996. Our unemployment rate is 80 percent. There is a serious
lack of housing in Red Shirt community. The elementary school
is on the brink of being condemned. It is in such bad condition
that the Shannon County school board is planning on replacing
the school, but the community electrical distribution system is
not adequate for a new building.
The water supply was just hooked up last week. For many
years, Red Shirt community members hauled water great
distances, traveling throughout the city to fill water bottles,
that is 40 miles away. The road from Red Shirt across the
reservation is unpaved. This 40-mile stretch of road is
extremely dangerous. There are many accidents and fatalities on
this road. Just two weeks ago, President Steele's chief aide
and close relative, Richard Yellow Bird, who was from the Red
Shirt community, and his 16-year-old granddaughter Amber were
killed in a head-on collision on the Red Shirt Road.
Our community and our tribe suffer from the lack of basic
infrastructure, things that other Americans take for granted
like paved roads, electricity, telephone service that are
unavailable for many of our community members.
In the meantime, the Bureau of Reclamation built this large
irrigation project for the nearby off-reservation farming
community. They use our water and disrupt our way of life. We
deserve this trust fund. We deserve the opportunity for a
better life than we have now. S. 1996 provides that hope for
us.
I appreciate the opportunity to speak today on behalf of
the White Clay District and the Red Shirt Table community.
Thank you very much, Senator Inouye.
Senator Inouye. Thank you very much.
Mr. President, would you care to add to this?
Mr. Steele. Senator, it is a situation that, as I said in
my statement, that the tribe had no consultation, no right to
give an opinion in the 1950's as to the construction and the
use of the water. It was completely cut off. We got the dry
river bed. And that river bed used to be the life of the
people. It used to be the life of that community. The area had
been able to provide some fish for food, the berries and stuff.
They no longer grow. The river, the sides of it, the berry
trees do not grow because the silt is not there anymore. It is
just devastating. The life of the community was just choked
off, as Ms. Janis just stated here. They have just been
surviving up there.
After 50 years, we have an opportunity to speak to
yourselves, the United States Congress here, to try to mediate
some of these problems.
Senator Inouye. As a result of this reduced flow, did you
testify that the Red Shirt Agricultural Coop had to be closed?
Mr. Steele. Yes, sir; they had a cannery. They canned
different items of berries, vegetables through their irrigation
of the use of the river. And there was an agricultural coop
established in the 1950's. These all had to close down and
disband because there was no more water for all of those
purposes.
Senator Inouye. And the water quality is unfit for human
consumption?
Mr. Steele. Oh, no, you could not drink that. It is in the
EIS, the environmental impact statement that the Bureau of
Reclamation has done. But the fish that we are taking out of
the river have lesions on them, sores. The children that use
the river, the ponds in there because it is dried up and there
are just ponds left, get rashes. So Indian Health Service put
signs up for children not to swim in there because it is
contaminated with pesticides, fertilizers that a natural-
flowing river would clean itself up. But here with standing
water, it does not have a chance to clean itself up.
Senator Inouye. You have the senior rights to the use of
water on the Angostura Irrigation project, but if you exercise
those rights fully, no one else would have water.
Mr. Steele. This is what we are terming the win-win
situation in this legislation, Senator. The irrigators would
still get water to irrigate with; the recreation people would
still have water to ski and to motorboat and to use these for
recreation purposes. We would get a stream flow from the
savings of the water for the increased efficiencies in the
irrigation system. I think there are about identified 20,000
acre-feet of water that would be saved per annum. This would go
into the stream flow to help mitigate some of the distressed
river conditions for the wildlife.
But yes, we do have senior prior rights as established
through the Winters doctrine, through the 1868 and the 1851
Fort Laramie Treaties. It would be very costly litigation for
us to establish those prior water rights through litigation,
but we would rather approach Congress for this win-win
situation for everybody involved, all the stakeholders. The
stakeholders would not be fairly treated through court. The
Oglala Sioux Tribe, in all fairness, is entitled to all of the
water.
Senator Inouye. In other words, you are trying to share
your water with others.
Mr. Steele. Through this legislation, it is a solution. It
is not a settlement that we are offering. But yes, this
legislation would continue for all of the stakeholders a good
equitable share, what they are used to today.
Senator Inouye. I thank you very much, Mr. President.
Senator Johnson. I have some questions for President Steele
and for Ms. Janis. However, I notice that Leader Daschle is
here, and I wonder, Mr. Chairman, given the demands on his
schedule, if he might present his statement and then we can
return to questions to the tribal leadership.
Senator Inouye. Would you like to introduce our leader?
Senator Johnson. It is an honor for me, of course, to
introduce our Leader and my senior Senator, Senator Tom
Daschle. Senator Daschle is the lead sponsor of this
legislation and has been an extraordinary friend of all of our
tribes in South Dakota.
These are difficult issues, and we are thankful that we
have someone of Tom Daschle's stature taking the leadership
role on behalf of the immense needs of Indian people in South
Dakota. So I am very pleased that Senator Daschle could take
time out of an incredibly busy schedule to join us here for
this.
Senator Inouye. Mr. Leader, may I request that I be listed
as one of your cosponsors?
Senator Daschle. I would appreciate very much the honor of
adding you as a cosponsor. I will certainly do that. I thank
you.
STATEMENT OF HON. THOMAS A. DASCHLE, U.S. SENATOR FROM SOUTH
DAKOTA
Senator Daschle. I thank you for this hearing. I thank
Senator Johnson for his incredible advocacy. The Indian people
of this country have no two stronger or finer or more loyal
friends than the two of you. I am very grateful. This is the
second day in a row that Senator Johnson has participated in or
chaired a hearing, thanks to you and your magnificent staff. So
I am grateful to you.
I have a lengthy statement and I would ask that it be made
a part of the record, Mr. Chairman. Let me just say very
briefly, you have heard from President Steele. You know from
his eloquent presentation the injustices that have once again
been recorded, and our need to begin correcting those
injustices with this legislation.
We can to all the way back to the treaties themselves and
the many, many wrongs that came as a result of our abrogation
of those treaties and our unwillingness to respect them. But
this even goes beyond the treaty. These were projects that were
built and constructed for good reason. We think that flood
control in South Dakota and irrigation in South Dakota are
worthy goals. But they cannot be done at the expense of others.
They cannot be done at the expense of those who have already
been victimized in so many other ways as a result of the
abrogation of treaties.
So this legislation simply provides a mechanism by which we
can make right some of the tremendous pain, economically and
socially, that has been caused by the construction of our flood
control and irrigation efforts.
I think it is long past due. I think it is very, very
critical that at the earliest possible time, we address this
inequity, this injustice, and try to make it right. That is all
that we attempt to do with the legislation, to provide a
meaningful way with which to put some balance back into the
sacrifices required of those who live in southwestern South
Dakota, especially on the Pine Ridge Reservation.
Chairman Steele and those tribal leaders within the tribe
themselves have very powerfully and eloquently made the case to
us, to Senator Johnson and me on a number of occasions, and I
think you can tell from his presentation today that they have
given great thought to this issue.
So it is with pride and with great determination that I
come before you today with the expectation that this committee
and ultimately the Senate will address this injustice in a way
that will allow them to begin feeling more confident that they
can be made whole, given the sacrifices that they have made
with such great regularity for the last 100 years, but
especially in the time since these projects were created.
So with that, Mr. Chairman, again I thank you and I cannot
begin to express my gratitude to you for all that you do for
Indian country, but especially for what you do for the Native
American population in our State of South Dakota.
Senator Inouye. Mr. Leader, I thank you for your very
moving statement. I wish Indian country was here to listen to
you because if it were not for you, I think Indian country
would be in worse shape than it is now.
Mr. Leader, yesterday we received testimony here that the
Crow Creek Sioux Tribe, like President Steele's tribe, has
about 80 percent unemployment. The thing that shook me was the
report that teenagers commit suicide or attempt to commit
suicide on an average of about 22 a month. This is the highest
in the United States, with a tribal population of just 2,200.
It is unheard of. That is why I requested that I be made one of
the sponsors of this measure, because this matter must be
resolved. I am with you, sir.
Senator Daschle. Mr. Chairman, I am very grateful. And to
your ally and my dear, dear friend, Senator Johnson, I know I
speak on behalf of everyone in Pine Ridge in expressing our
gratitude to both of you. Thank you.
Senator Johnson. Only briefly to once again express
appreciation to Leader Daschle. As he has so ably stated here,
that the Oglala Sioux are one of America's largest tribes in
terms of population, but also one of America's poorest in terms
of economic circumstances.
While this legislation does not single-handedly correct all
the problems that we face in that part of South Dakota, it is
an important part of any kind of strategy to help to alleviate
the poverty and the hopelessness that has existed for far too
long, and which was brought upon these people due to no choice
of their own.
While we have talked about the trust funds for reservations
that abut the Missouri River, the loss suffered by this tribe
is no less than it is for others, and the need for equity is as
great here as it is with any other tribe.
So I thank Senator Daschle for his leadership and Mr. Vice
Chairman, you for your cosponsorship of this legislation.
Senator Inouye. I would just like to add something, Mr.
Leader. I think we should also note that more members of these
tribes have volunteered to serve in the uniform of the United
States than any other ethnic group in the United States. This
is the worst-treated group, and yet they come out number one.
The least we can do is to rectify that. I am with you.
Senator Daschle. Mr. Chairman, I thank you. I applaud for
calling attention to the patriotism of our Native American
community. You are absolutely right. In numbers beyond
virtually any other ethnic group, they have demonstrated once
again their commitment to their country. We owe them a response
that is commensurate with that level of patriotism today.
Thank you.
Senator Inouye. I thank you very much, Mr. Leader.
Do you have any questions?
Senator Johnson. I do have some questions for President
Steele and for Councilwoman Janis. I know that we are short on
time and I have another obligation, as I know that you do as
well, but just a couple of quick points.
John, you and I have been talking about this for a long
time. I am afraid our hair is getting grayer faster than the
equity is being delivered on this problem. How long have you
been working on this project? And have you been working with
the Bureau of Reclamation all along that way?
Mr. Steele. We have been in touch with the Bureau of
Reclamation prior to 1996 in the early 1990's on the fish out
there that had the sores on them, and the kids getting rashes
from swimming in those ponds in that river bed. But it was 1996
when the irrigators' contracts, their 40-year contracts ran out
that I met with Eluid Martinez who was then Commissioner of the
Bureau of Reclamation, and said I wanted an EIS done and they
refused at first. So I told them I would take you to court over
the water rights. They came around and they did the EIS at that
time on the river.
So we have been working and yourself, sir, since then, on
the EIS. It takes several scoping meetings. You have to meet
quite often, quite regularly to compare data, discuss and agree
upon things. It took four years for the environmental impact
statement to be completed. So it has been quite a number of
years that we have been physically there working on it. That is
why I question, why isn't the Bureau of Reclamation here? They
approved of this legislation. They had input into it. The BIA
had no participation. They do not even know who the
stakeholders are, and yet they are testifying here. I cannot
understand that.
Senator Johnson. Thanks to your insistence upon the
environmental impact statement, we now know, we have a
scientific basis for knowing that when you talk about the
lesions and the illnesses of the children and so on, that not
only has the volume of water been degraded significantly that
comes to the Oglala Sioux, but that you now suffer from the
inclusion of mercury, pesticides and other foreign influences
into that ecosystem. It is not diluted in the fashion that it
once was, and that has, if I understand the EIS, has been a
further significant detriment to the public health of the
children and the people of particularly the Red Shirt District.
Mr. Steele. Yes; that is all in the environmental impact
statement. The fish and the mercury are all identified. We have
taken the fish to the labs for the lesions, for the mercury
content, all of that stuff. It is all in the EIS. Yes, sir.
Senator Johnson. This morning I received some proposed
amendments to the bill. I want to thank you for those. As is
virtually always the case, most legislation evolves and changes
over a matter of course, and I want to again say to you, John,
that I look forward to working with you in our attempt to
really bring this legislation to a point where I think we can
move it our of this committee and finally bring a resolution to
what has been a half-century-long injustice to the people of
your reservation.
Mr. Steele. Yes, Senator; and on behalf of the over 42,000
enrolled tribal members back home, I would like to thank
yourself and I would like to thank Senator Inouye for offering
to cosponsor this at this time. Thank you so much.
Senator Johnson. I would only in closing say to
Councilwoman Janis, Valerie, first of all I appreciate your
leadership with the Red Shirt District. Your constituents were
most particularly impacted by the Angostura Dam. Can you share
with us just briefly how this legislation would impact the
people of your district of the Oglala Sioux?
Ms. Janis. Yes; thank you.
Senator Johnson. What would we be able to do for your
people?
Ms. Janis. To provide the basic infrastructure needs that I
talked about in my testimony, and also for our future
generations to come, and speaking to the elders there, they
said they used to do all of these things which they can no
longer teach their children and grandchildren. So I would
appreciate the legislation for the future generations.
Senator Johnson. We are not talking about taking the water
away from irrigators. We are simply talking about a financial
compensation for what has been a profound loss to the way of
life of your people. I think we need to understand that as
well.
Mr. Steele. Yes, sir; and the irrigators are going to still
get the same amount of water, but there are going to be about
20,000 acre-feet saved through more efficient irrigation
systems.
Senator Johnson. That is an excellent point, that again it
is as you denominated it, a win-win recommendation.
Mr. Vice Chairman, I have no further statements here, but
again I applaud the leadership and the testimony of Chairman
Steele and Councilwoman Janis.
Senator Inouye. I thank you very much, sir. If I may just
bring Hawaii into the picture, whenever we have conditions
where we consider the water being a bit polluted or unsafe, we
invite Government workers to swim there. [Laughter.]
If they are not willing to swim there, then something must
be wrong. I think we should invite the Department of the
Interior to swim there.
Mr. Steele. We should ask Mr. Mooney to come to Pine Ridge
next week. [Laughter.]
With that, I thank you very much, sir. We will do our very
best.
Mr. Steele. Thank you very much.
Senator Inouye. The meeting is adjourned.
[Whereupon, at 2:57 p.m. the committee was adjourned, to
reconvene at the call of the Chair.]
=======================================================================
A P P E N D I X
----------
Additional Material Submitted for the Record
=======================================================================
Prepared Statement of Ross Mooney, Acting Deputy Director, Office of
Trust Services, BIA, Department of the Interior, Washington, DC
Mr. Chairman, I am Ross Mooney, the acting deputy director for the
Office of Trust Services for the BIA. I am pleased to provide the
Administration's views on S. 1996, the Oglala Sioux Tribe Angostura
Irrigation Project Rehabilitation and Development Act. S. 1996 would
enhance and provide certain project benefits for the Oglala Sioux Tribe
in connection with water conservation improvements on the Angostura
Irrigation Project. The Administration cannot support the bill as it is
currently written, and has several serious concerns, which I will
discuss here today.
Title I of S. 1996 would authorize the Secretary to rehabilitate
and improve the facilities of the Angostura Project, a component of the
multi-State Pick-Sloan Missouri Basin Program. Furthermore, title I
would provide that the Secretary shall to the maximum extent
practicable, deliver water saved through the rehabilitation and
improvement of the facilities of the Angostura Project to the Pine
Ridge Indian reservation, and provide that the use of that water be
used for environmental restoration.
Title II of the bill would create a tribal development trust fund
to promote economic development, infrastructure development, and the
education, health, recreational, and social welfare objectives of the
tribe and members of the tribe.
While the Administration recognizes that economic challenges that
many tribes in Indian country face, the establishment of a Trust Fund
to address these issues does not seem warranted at this time. The bill
infers there ``may'' be impacts caused by the development of Angostura.
Unit of the Pick-Sloan Project, yet we are not aware of what those
specific impacts are. Unlike other legislative propositions regarding
compensation for land impacted by the Pick-Sloan Project, no specific
impacts have been cited here nor any evaluation of appropriate
compensation completed. The Administration shares the concern of the
Tribes about the need to improve economic, educational, and health
systems on the reservation and will continue to work with the Tribe to
seek solutions to promote these reforms.
In addition, title II establishes a trust fund without a specific
dollar amount and requires a retroactive annual interest payment on an
unspecified amount to be deposited in the fund in the 11th year
following enactment of S. 1996. We are concerned with the precedent
that this may set.
The Administration is also concerned that the proposal would
exclude all the stakeholders, other than the Oglala Sioux Tribe, from
the ongoing public process collaboratively developed during the
Environmental Impact Statement [EIS] process to recommend the most
beneficial use of saved water. In addition, we do not support the
blanket authorization for such sums that may be necessary included in
this bill.
In August 2002, the Bureau of Reclamation [Reclamation], in
collaboration with a host of stakeholders, completed and published the
Final Environmental Impact Statement [FEIS] for Contract Negotiation
and Water Management of the Angostura Unit. The EIS was prepared in
cooperation with:
<bullet> \\\\\\the Angostura Irrigation District;
<bullet> \\\\\\Oglala Sioux Tribe;
<bullet> \\\\\\Cheyenne River Sioux Tribe;
<bullet> \\\\\\Lower Brule Sioux Tribe;
<bullet> \\\\\\South Dakota Department of Game, Fish, and Parks;
<bullet> \\\\\\U.S. Geological Survey;
<bullet> \\\\\\U.S. Natural Resources Conservation Service;
<bullet> \\\\\\U.S. Bureau of Indian Affairs; and
<bullet> \\\\\\The South Dakota Department of Environment and Natural
Resources.
In January 2003 the Record of Decision [ROD] was signed for renewal
of a long-term water service contract for the Angostura Unit, Cheyenne
River Basin, SD. Reclamation is concerned that provisions of title I
are inconsistent with understandings spelled out in the ROD that
involved input from many key stakeholders. These provisions include the
requirement that the Secretary deliver saved water for the purposes of
environmental restoration on the Pine Ridge Indian Reservation, and the
finding that the Angostura Unit may be associated with negative effects
on water quality and riparian vegetation in the Cheyenne River on the
reservation.
With regard to the authority in section 101 to carryout
rehabilitation and improvement at the Angostura Project, Reclamation
already has authority to undertake such work.
Mr. Chairman, while the Department cannot support S. 1996 as
written, we share the sponsors goal of finding innovative solutions for
economic, education, health, recreational, and social welfare
improvements on the reservation. Indeed, the Department has already
committed significant resources to the ongoing construction of the Mni
Wiconi rural water project, which addresses many of the needs
identified in this legislation. The Department stands ready to work
with the Tribe, the Committee, and the South Dakota delegation on these
activities including examining if there are quantifiable impacts caused
by the Pick-Sloan project.
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