WASHINGTON – Two South Dakota tribes did not receive adequate compensation
for lands lost as a result of Missouri River flood control projects.

The Lower Brule and Crow Creek Sioux tribes, located on either side of the
Missouri River, lost thousands of acres of land when reservoirs were
flooded by earthen dams as part of the Flood Control Act of 1944, also
known as the Pick-Sloan Act.

Trust funds were created in 1996 and 1997 to compensate the Lower Brule and
Crow Creek Sioux tribes for the lands and economic hardships that resulted.

Crow Creek and Lower Brule were inundated with flooding from two dams: Big
Bend, which is located on their lands, and Fort Randall Dam located
downriver.

Democratic Rep. Stephanie Herseth introduced the Parity Act in Congress to
provide full compensation to the two tribes. A disparity occurred when the
General Accounting Office used a different formula to calculate the amount
of compensation for both tribes than was used for the other tribes along
the river.

“The result was unfair and inadequate compensation trust funds for these
tribes. The 1944 Flood Control Act cost these tribes much in terms of lost
land. It also took an enormous toll on the people of both tribes and their
economies,” Herseth said.

The Parity Act will change the compensation for the Crow Creek Sioux Tribe
from $27.5 million to $106 million. For Lower Brule, the new figure will be
$186 million, increased from $39 million.

The original act was called the Infrastructure Development Trust Fund Act.

The two tribes will be able to draw down or leverage the interest. The
principal will act as a trust fund. The funds are placed in the federal
treasury.

“Parity for these tribes would mean an ability to actively work for the
betterment of their communities. It would mean adequate roads… better
health care and newer schools, and it would mean attracting commercial
business and improving the local economy,” Herseth said.

The Crow Creek Sioux Tribe has been in financial trouble for the past few
years. An estimate puts the tribe in debt by up to $3 million, according to
Duane Big Eagle, tribal chairman.

Big Eagle said this compensation may act as a way out of debt and help move
the tribe toward the goal of economic security. Buffalo County, where the
Crow Creek tribe is located, is the poorest county in the nation, according
to the U.S. Census Bureau. Crow Creek also calculates its unemployment rate
at 80 percent or higher.

The Crow Creek Sioux Tribe operates a casino that has at times had to close
because of inadequate funds to pay bills or payroll. The Crow Creek
School’s buildings are all condemned. The BIA does not have Crow Creek on
the list for school replacement and the tribe does not have the revenue to
repair or build new facilities. The Parity Act will help with those
projects as well.

The Parity Act will help to relieve unemployment by funding economic
development projects on both reservations. A result of high unemployment is
a high rate of alcohol abuse, which leads also to a high rate of suicide
among young people. Crow Creek has one of the highest rates of suicide
attempts among all tribes.

Tribes along the upper Missouri River lost some of the most valuable
agricultural land in the state, bottom lands. Towns had to be moved in some
cases and ancient villages were covered by water.

The Lower Brule Sioux Tribe has many economic development projects under
way or planned. Agricultural projects and valued-added businesses are part
of the plan for lower Brule. Brian Drapeau, economic development director
for the tribe, said the compensation generated by the Parity Act will go
toward improving or completing economic plans.

Most of the reservations along the river into Montana can claim economic
and cultural hardships as a result of the six hydro-power dams. Those
tribes have received just compensation and use the interest from the
principal for various projects – mostly economic development.

The hydro-power dams generate electricity that is distributed by the
Western Authority Power Administration. The tribes did not receive any of
the revenues from the government until recently. According to the treaties
the tribes retained the water rights, yet they are still in negotiations
with the Corps of Engineers that manages the dams and with WAPA over
revenues from the sale of electricity.

The six power dams that start at Yankton and end in Montana devastated the
tribes. Burial grounds were covered and destroyed. Some cultural sights are
now emerging because of drought conditions that have lowered the water
levels of all the reservoirs.

The compensation from the Parity Act, should it pass Congress, will only
help economically. Continuous negotiations with the government over
protection of cultural and sacred sites are ongoing.