Legislation would increase tribal trust funds

| Sunday, January 23, 2005

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MITCHELL (AP) — Legislation introduced by U.S. Rep. Stephanie Herseth, D-S.D., would increase payments to two American Indian trust funds by a combined $226 million.

The Tribal Parity Act would add money to the trust funds established nearly 10 years ago for the Crow Creek and Lower Brule Sioux tribes. Interest earned by the funds is paid to the tribes as compensation for land lost to reservoirs created by the Missouri River dams.

Herseth and tribal leaders say the government used the wrong formula to calculate damages. As a result, Herseth told House members, the Lower Brule and Crow Creek funds are "unfair and inadequate" when compared to similar funds established for other tribes.

Each fund was created with a one-time payment: $39 million for Lower Brule, and $28 million for Crow Creek.

Herseth's bill would add $147 million to the Lower Brule payment, bringing the total to $186 million. For Crow Creek, $79 million would be added, bringing the total payment to $106 million.

Federal law stipulates how the tribes can spend the money.

Duane Big Eagle, Crow Creek tribal chairman, said payments from the tribe's fund already have funded a community center, a building for the Crow Creek school and numerous other projects.

"That's the type of development we're reaching out for," he said. "To help people live a little better life."

The bill awaits action by the House Committee on Resources, of which Herseth is a member. South Dakota's other two congressional delegates each support the effort.

When the Fort Randall and Big Bend dams were built, reservoirs inundated about 15,000 acres of land on the Crow Creek Reservation and about 22,000 acres on the Lower Brule Reservation.

Big Eagle said the trust funds, while appreciated, can never fully compensate the tribes.

"Lives, families — they were destroyed along with all their livelihoods," he said. "I don't know how that can ever be replaced."