59–006 

110TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 110–128 

CHEYENNE RIVER SIOUX TRIBE EQUITABLE 

COMPENSATION AMENDMENTS ACT OF 2007 

MAY 7, 2007.—Committed to the Committee of the Whole House on the State of the 

Union and ordered to be printed 

Mr. RAHALL, from the Committee on Natural Resources, 

submitted the following 

R E P O R T 

[To accompany H.R. 487] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Natural Resources, to whom was referred the 

bill (H.R. 487) to amend the Cheyenne River Sioux Tribe Equitable 

Compensation Act to provide compensation to members of the 

Cheyenne River Sioux Tribe for damage resulting from the Oahe 

Dam and Reservoir Project, and for other purposes, having considered the same, report favorably thereon without amendment and 

recommend that the bill do pass. 

PURPOSE OF THE BILL

The purpose of H.R. 487 is to amend the Cheyenne River Sioux 

Tribe Equitable Compensation Act to provide compensation to 

members of the Cheyenne River Sioux Tribe for damage resulting 

from the Oahe Dam and Reservoir Project. 

BACKGROUND AND NEED FOR LEGISLATION

In 1954, Congress enacted legislation to provide compensation to 

the Cheyenne River Sioux Tribe in exchange for the acquisition of 

the Tribe’s lands and for damage resulting from the Oahe Dam and 

Reservoir Project. The legislation authorized only $10.6 million for 

damages, rehabilitation, and administrative expenses related to the 

settlement. To provide further compensation, in 2000, Public Law 

106–511 established a trust in the amount of $290 million, plus interest, to be available to the tribe in 2011. H.R. 487 seeks to amend 

existing law by allowing the Tribe to compensate individual tribal 

members who lost allotted land to the Oahe Dam Project, and to 

allow the Tribe to access the trust fund money immediately. 


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COMMITTEE ACTION

H.R. 487 was introduced on January 16, 2007 by Rep. Stephanie 

Herseth Sandlin (D–SD). The bill was referred to the Committee on 

Natural Resources, Subcommittee on Water and Power. On April 

19, 2007, the Subcommittee met to mark up the bill. It was favorably reported out of Subcommittee by unanimous consent. The bill 

was then forwarded to the Full Committee. On April 19, 2007, the 

Natural Resources Committee met to consider the bill. The bill was 

then ordered favorably reported to the House of Representatives by 

unanimous consent. 

SECTION-BY-SECTION ANALYSIS

Section 1. Short title 

Section 1 provides that this Act may be cited as the ‘‘Cheyenne 

River Sioux Tribe Equitable Compensation Amendments Act of 

2007’’. 

Section 2. Findings 

Section 2 of H.R. 487 makes findings that the Oahe Dam and 

Reservoir Project flooded the fertile bottom land of the Cheyenne 

River Sioux Reservation, greatly damaging the economy and cultural resources of the Cheyenne River Sioux Tribe. The Tribe was 

provided additional compensation by Congress with the creation of 

the Cheyenne River Sioux Tribal Recovery Trust Fund Act; however, that act did not provide for additional compensation to individual landowners that lost land as a result of the Project. 

Section 3. Cheyenne River Sioux Tribe Equitable Compensation 

Section 3 amends the Cheyenne River Sioux Tribe Equitable 

Compensation Act to allow the Tribe to compensate individual 

landowners who lost land to the United States for the Oahe Dam 

and Reservoir Project from the Tribal Recovery Trust Fund. The 

legislation directs the Secretary of the Treasury to make five deposits to the Cheyenne River Sioux Tribal Recovery Trust Fund beginning the first fiscal year after enactment of the bill from the general fund of the Treasury. The amount to be deposited in each payment would be equal to $58,144,591.60; and an additional amount 

equal to the interest that would have accrued if it had been credited on October 1, 2001, the first fiscal year after the Tribal Recovery Trust Fund was enacted by Public Law 106–511. 

The Secretary of the Treasury is directed to invest the Fund only 

in interest bearing obligations of the United States and separate 

the investments made on the principal and on the interest into two 

accounts within the Tribal Recovery Trust Fund, the principal account and the interest account. The interest earned from investing 

amounts in the principal account will be transferred to the interest 

account. 

The principal account will be invested in equally divisible portions in the next publicly issued Treasury obligations having a 2- 

year maturity, a 5-year maturity, and a 10-year maturity, respectively. The interest account shall be invested and reinvested in eligible obligations having the shortest available maturity until the 

date on which the amounts are withdrawn by the Secretary of the 


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Treasury and transferred to the Secretary of the Interior for use in 

accordance with the Act. 

At least once each year, the Secretary of the Treasury will review 

with the Tribe the results of the investment activities and financial 

status of the Fund during the preceding calendar year. Before making a modification to the investment structure as authorized by the 

Act, the Secretary of the Treasury is required consult with the 

Tribe with respect to the modification. 

On the first day of the fiscal year after enactment, and on the 

first day of each fiscal year thereafter, the Secretary of the Treasury will withdraw and transfer all funds in the interest account of 

the Fund to the Secretary of the Interior for use in accordance with 

the Act. 

Payments of additional compensation to individual landowners or 

their heirs will not be deposited or transferred into any member 

landowner’s Individual Indian Money account and will not exceed 

an amount equal to 44.3 percent of the amount transferred by the 

Secretary of the Interior to the Tribe. The Secretary of the Interior 

will provide to the Tribe any record requested by the Tribe to identify the heirs of member land-owners. 

Section 3 also amends Section 7 of the underlying law to extinguish all claims of an individual landowner, or their heirs, on the 

acceptance of any payment by the Tribe for damages resulting from 

the taking by the United States for the Oahe Dam and Reservoir 

Project of the Pick-Sloan Missouri River Basin program. 

COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of rule XIII 

of the Rules of the House of Representatives, the Committee on 

Natural Resources’ oversight findings and recommendations are reflected in the body of this report. 

CONSTITUTIONAL AUTHORITY STATEMENT

Article I, section 8 of the Constitution of the United States 

grants Congress the authority to enact this bill. 

COMPLIANCE WITH HOUSE RULE XIII 

1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the Rules of 

the House of Representatives requires an estimate and a comparison by the Committee of the costs which would be incurred in carrying out this bill. However, clause 3(d)(3)(B) of that rule provides 

that this requirement does not apply when the Committee has included in its report a timely submitted cost estimate of the bill prepared by the Director of the Congressional Budget Office under section 402 of the Congressional Budget Act of 1974. 

2. Congressional Budget Act. As required by clause 3(c)(2) of rule 

XIII of the Rules of the House of Representatives and section 

308(a) of the Congressional Budget Act of 1974, this bill does not 

contain any new budget authority, spending authority, credit authority, or an increase or decrease in revenues or tax expenditures. 

3. General Performance Goals and Objectives. This bill does not 

authorize funding and therefore, clause 3(c)(4) of rule XIII of the 

Rules of the House of Representatives does not apply. 


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4. Congressional Budget Office Cost Estimate. Under clause 

3(c)(3) of rule XIII of the Rules of the House of Representatives and 

section 403 of the Congressional Budget Act of 1974, the Committee has received the following cost estimate for this bill from the 

Director of the Congressional Budget Office: 

H.R. 487—Cheyenne River Sioux Tribe Equitable Compensation 

Amendments Act of 2007 

Summary: H.R. 487 would amend the Cheyenne River Sioux 

Tribe Equitable Compensation Act, which was enacted in 2000 to 

resolve a dispute between that tribe and the federal government. 

That act established a trust fund for the benefit of the tribe and 

specifies a schedule for federal deposits to that fund. H.R. 487 

would change the timing and amount of those deposits. CBO estimates that enacting H.R. 487 would increase direct spending by 

$14 million in 2008 but would decrease direct spending by $9 million over both the 2008–2012 and 2008–2017 periods. Enacting the 

bill would not affect revenues. 

H.R. 487 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA) 

and would impose no costs on state, local, or tribal governments. 

Enacting this legislation would benefit the Cheyenne River Sioux 

Tribe. 

Estimated cost to the Federal Government: The estimated budgetary impact of the bill is shown in the following table. The budgetary impact of this legislation falls within budget function 450 

(community and regional development). 

By fiscal year, in millions of dollars— 

2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 

CHANGES IN DIRECT SPENDING 

Spending Under Current Law 

Transfers to Cheyenne 

River Sioux Tribal Recovery Trust Fund 

Estimated Budget Authority .................... 0 0 0 0 443 0 0 0 0 0 

Estimated Outlays ..... 0 0 0 0 443 0 0 0 0 0 

Proposed Changes 

Transfers to Cheyenne 

River Sioux Tribal Recovery Trust Fund 

Estimated Budget Authority .................... 0 0 0 0 ¥152 0 0 0 0 0 

Estimated Outlays ..... 0 0 0 0 ¥152 0 0 0 0 0 

Expenditures of Imputed 

Interest for Transfers 

Estimated Budget Authority .................... 15 19 24 26 30 0 0 0 0 0 

Estimated Outlays ..... 14 19 24 26 31 0 0 0 0 0 

Expenditure of Interest 

Earned on Principal 

Estimated Budget Authority .................... 0 3 6 9 11 0 0 0 0 0 

Estimated Outlays ..... 0 3 6 9 11 0 0 0 0 0 

Total Changes 

Estimated Budget Authority .................... 15 22 30 35 ¥111 0 0 0 0 0 

Estimated Outlays ..... 14 22 30 35 ¥110 0 0 0 0 0 

Spending Under H.R. 487 

Estimated Budget Authority 15 22 30 35 332 0 0 0 0 0 


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By fiscal year, in millions of dollars—

2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 

Estimated Outlays .............. 14 22 30 35 333 0 0 0 0 0 

Basis of estimate: By changing the amount and timing of scheduled deposits to the affected tribal trust fund, CBO estimates that 

enacting H.R. 487 would result in $434 million in direct spending 

over the next 10 years—$9 million less than estimated under current law. For this estimate, CBO assumes that H.R. 487 will be enacted in fiscal year 2007 and that deposits to the trust fund will 

begin in 2008. 

Direct spending under current law 

In 2000, the Congress enacted the Cheyenne River Sioux Tribe 

Equitable Compensation Act to compensate the tribe for 104,492 

acres of land acquired by the federal government for the Oahe Dam 

and Reservoir Project, which is part of the Pick-Sloan Missouri 

River Basin program. The act created the Cheyenne River Sioux 

Tribal Recovery Trust Fund and directs the Secretary of the Treasury to transfer $291 million into the trust fund plus the amount 

of interest that would have been accrued if the amount had been 

deposited in fiscal year 2002. This transfer, which CBO estimates 

will total approximately $443 million, is set to occur in 2012 under 

current law. Once the Secretary completes the transfer, all monetary claims against the United States for the Oahe Dam and Reservoir Project will be extinguished. At that time, consistent with 

the treatment of similar tribal trust funds, amounts within the 

trust fund will be considered under tribal ownership. 

The federal budget excludes trust funds that are held and managed in a fiduciary capacity by the federal government on behalf 

of Indian tribes. Because the affected trust fund will be considered 

nonbudgetary once it is fully capitalized, the scheduled deposit to 

the trust fund in 2012 will be considered direct spending and a 

transfer of funds to a nonfederal entity. Thereafter, subsequent 

cash flows involving the fund will have no effect on the federal 

budget. 

Direct spending under H.R. 487 

Transfers to the Cheyenne River Sioux Tribal Fund. H.R. 487 

would direct the Secretary of the Treasury to begin deposits to the 

trust fund earlier than under current law. For each of five fiscal 

years beginning in 2008, the bill would direct the transfer of approximately $58 million to the fund. Because the conditions necessary to remove the fund from the federal budget (i.e., final extinguishment of claims against the federal government) would not be 

met until the final deposit is made, transfers to the fund during 

the first four years would be considered intragovernmental and 

would have no net effect on the federal budget. Following the final 

deposit in 2012, the trust fund would become nonbudgetary. The 

trust fund would be reclassified at that time and direct spending 

of the full balance of the fund, which CBO estimates would total 

$291 million, would be recorded on the budget at that time. 

By accelerating deposits to the fund, H.R. 487 would eliminate 

the Secretary’s current obligation to transfer the estimated total of $443 million in 2012. As a result, CBO estimates that enacting the 


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bill would reduce direct spending by $152 million for the transfer 

in 2012 (i.e., $443 million minus $291 million). 

Expenditure of Imputed Interest for Transfers. H.R. 487 would direct the Secretary to transfer an amount equal to the interest that 

would have been earned had each payment of $58 million been 

made in 2002 and invested up until the time of actual payment 

under the bill. This transfer would be deposited into a separate 

fund that could be immediately expended by the tribe. Based on information from the Department of the Treasury, CBO estimates 

that such interest payments to the tribe would increase direct 

spending by $14 million in 2008 and $114 million over the 2008–

2012 period. 

Expenditure of Interest Income Under H.R. 487. Current law directs the Secretary to distribute any interest earned by the trust 

fund to the tribe. Under the current schedule, the fund will carry 

no balances until 2012 and will generate no interest until it is fully 

capitalized and reclassified as nonbudgetary. Therefore, under current law, the federal budget does not include any direct spending 

for the tribe’s use of interest. Under H.R. 487, however, interest 

would accrue on deposits made during the 2008–2011 period, prior 

to the reclassification of the trust fund in 2012. Because such interest would not be available for expenditure until the following fiscal 

year, CBO estimates that this provision would have no effect on direct spending in 2008 but would increase direct spending by $29 

million over the 2009–2012 period. 

Intergovernmental and private-sector impact: H.R. 487 contains 

no intergovernmental or private-sector mandates as defined in 

UMRA and would impose no costs on state, local, or tribal governments. Enacting this legislation would benefit the Cheyenne River 

Sioux Tribe. 

Estimate prepared by: Federal costs: Daniel Hoople; Impact on 

State, local, and tribal governments: Marjorie Miller; Impact on the 

Private Sector: Amy Petz. 

Estimate approved by: Peter H. Fontaine, Deputy Assistant Director for Budget Analysis. 

COMPLIANCE WITH PUBLIC LAW 104–4 

This bill contains no unfunded mandates. 

EARMARK STATEMENT

H.R. 487 does not contain any congressional earmarks, limited 

tax benefits, or limited tariff benefits as defined in clause 9(d), 9(e) 

or (f) of rule XXI. 

PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

This bill is not intended to preempt any State, local or tribal law. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, 

existing law in which no change is proposed is shown in roman): 


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CHEYENNE RIVER SIOUX TRIBE EQUITABLE 

COMPENSATION ACT 

* * * * * * * 

SEC. 102. FINDINGS AND PURPOSES. 

(a) FINDINGS.—Congress finds that—

(1) * * * 

* * * * * * * 

(3) the Secretary of the Interior appointed a Joint Tribal Advisory Committee that examined the Oahe Dam and Reservoir 

project and concluded that—

ø(A) the Federal Government did not justify, or fairly 

compensate the Tribe for, the Oahe Dam and Reservoir 

project when the Federal Government acquired 104,492 

acres of land of the Tribe for that project; and 

ø(B) the Tribe should be adequately compensated for the 

land acquisition described in subparagraph (A);¿ 

(A) the United States did not justly or fairly compensate 

the Tribe and member landowners for the Oahe Dam and 

Reservation project, under which the United States acquired 104,492 acres of land of the Tribe and member 

landowners; and 

(B) the Tribe and member landowners should be adequately compensated for that land; 

* * * * * * * 

(b) PURPOSES.—The purposes of this title are as follows: 

(1) To provide for additional financial compensation to the 

Tribe and member landowners for the acquisition by the Federal Government of 104,492 acres of land of the Tribe and 

member landowners for the Oahe Dam and Reservoir project in 

a manner consistent with the determinations of the Comptroller General described in subsection (a)(4). 

* * * * * * * 

SEC. 103. DEFINITIONS. 

In this title: 

(1) MEMBER LANDOWNER.—The term ‘‘member landowner’’

means a member of the Tribe (or an heir of such a member) 

that owned land (including land allotted under the Act of February 8, 1887 (24 Stat. 388, chapter 119)) located on the Cheyenne River Sioux Reservation that was acquired by the United 

States for the Oahe Dam and Reservoir Project. 

(2) TRIBAL COUNCIL.—The term ‘‘Tribal Council’’ means the 

governing body of the Tribe. 

ø(1)¿ (3) TRIBE.—The term ‘‘Tribe’’ means the Cheyenne 

River Sioux Tribe, which is comprised of the Itazipco, Siha 

Sapa, Minniconjou, and Oohenumpa bands of the Great Sioux 

Nation that reside on the Cheyenne River Reservation, located 

in central South Dakota. 

SEC. 104. CHEYENNE RIVER SIOUX TRIBAL RECOVERY TRUST FUND. 

(a) * * * 

ø(b) FUNDING.—On the first day of the 11th fiscal year that begins after the date of enactment of this Act, the Secretary of the 


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Treasury shall, from the General Fund of the Treasury, deposit 

into the Fund established under subsection (a)— ø(1) $290,722,958; and 

ø(2) an additional amount that equals the amount of interest 

that would have accrued on the amount described in paragraph 

(1) if such amount had been invested in interest-bearing obligations of the United States, or in obligations guaranteed as to 

both principal and interest by the United States, on the first 

day of the first fiscal year that begins after the date of enactment of this Act and compounded annually thereafter. 

ø(c) INVESTMENT OF TRUST FUND.—It shall be the duty of the 

Secretary of the Treasury to invest such portion of the Fund as is 

not, in the Secretary of the Treasury’s judgment, required to meet 

current withdrawals. Such investments may be made only in interest-bearing obligations of the United States or in obligations guaranteed as to both principal and interest by the United States. The 

Secretary of the Treasury shall deposit interest resulting from such 

investments into the Fund.¿ 

(b) FUNDING.—On the first day of the fiscal year beginning after 

the date of enactment of the Cheyenne River Sioux Tribe Equitable 

Compensation Amendments Act of 2007 and on the first day of each 

of the following 4 fiscal years (referred to in this section as the ‘‘capitalization dates’’), the Secretary of the Treasury shall deposit into 

the Fund, from amounts in the general fund of the Treasury—

(1) $58,144,591.60; and 

(2) an additional amount equal to the amount of interest that 

would have accrued if—

(A) the amount described in paragraph (1) had been—

(i) credited to the principal account as described in 

subsection (c)(2)(B)(i)(I) on the first day of the fiscal 

year beginning October 1, 2001; and 

(ii) invested as described in subsection (c)(2)(C) during the period beginning on the date described in 

clause (i) and ending on the last day of the fiscal year 

before the fiscal year in which that amount is deposited 

into the Fund; and 

(B) the interest that would have accrued under subparagraph (A) during the period described in subparagraph 

(A)(ii) had been— (i) credited to the interest account under subsection 

(c)(2)(B)(ii); and 

(ii) invested during that period in accordance with 

subsection (c)(2)(D)(i). 

(c) INVESTMENTS.—

(1) ELIGIBLE OBLIGATIONS.—Notwithstanding any other provision of law, the Secretary of the Treasury shall invest the 

Fund only in interest-bearing obligations of the United States 

issued directly to the Fund. 

(2) INVESTMENT REQUIREMENTS.— (A) IN GENERAL.—The Secretary of the Treasury shall invest the Fund in accordance with this paragraph. 

(B) SEPARATE INVESTMENTS OF PRINCIPAL AND INTER- EST.—

(i) PRINCIPAL ACCOUNT.—The amounts deposited into 

the Fund under subsection (b)(1) shall be—


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(I) credited to a principal account within the 

Fund (referred to in this paragraph as the ‘‘principal account’’); and 

(II) invested in accordance with subparagraph 

(C). 

(ii) INTEREST ACCOUNT.— (I) IN GENERAL.—The interest earned from investing amounts in the principal account shall 

be— (aa) transferred to a separate interest account within the Fund (referred to in this 

paragraph as the ‘‘interest account’’); and 

(bb) invested in accordance with subparagraph (D). 

(II) CREDITING.—The interest earned from investing amounts in the interest account, and the 

amounts deposited into the Fund under subsection 

(b)(2), shall be credited to the interest account. 

(C) INVESTMENT OF PRINCIPAL ACCOUNT.—

(i) INITIAL INVESTMENT.—Amounts in the principal 

account shall be initially invested in eligible obligations with the shortest available maturity. 

(ii) SUBSEQUENT INVESTMENTS.— (I) IN GENERAL.—On the date on which the 

amount in the principal account is divisible into 3 

substantially equal portions, each portion shall be 

invested in eligible obligations that are identical 

(except for transferability) to the next-issued publicly-issued Treasury obligations having a 2-year 

maturity, a 5-year maturity, and a 10-year maturity, respectively. 

(II) MATURITY OF OBLIGATIONS.—As each 2-year, 

5-year, and 10-year eligible obligation under subclause (I) matures, the principal of the maturing 

eligible obligation shall be initially invested in accordance with clause (i) until the date on which 

the principal is reinvested substantially equally in 

the eligible obligations that are identical (except 

for transferability) to the next-issued publiclyissued Treasury obligations having 2-year, 5-year, 

and 10-year maturities. 

(iii) DISCONTINUATION OF ISSUANCE OF OBLIGATIONS.—If the Department of the Treasury discontinues 

issuing to the public obligations having 2-year, 5-year, 

or 10-year maturities, the principal of any maturing eligible obligation shall be reinvested substantially 

equally in available eligible obligations that are identical (except for transferability) to the next-issued publicly-issued Treasury obligations with maturities of 

longer than 1 year. 

(D) INVESTMENT OF INTEREST ACCOUNT.— (i) BEFORE EACH CAPITALIZATION DATE.—For purposes of subsection (b)(2)(B), amounts considered as if 

they were in the interest account of the Fund shall be 

invested in eligible obligations that are identical (exVerDate Aug 31 2005 02:45 May 09, 2007 Jkt 059006 PO 00000 Frm 00009 Fmt 6659 Sfmt 6603 E:\HR\OC\HR128.XXX HR128

hmoore on PRODPC68 with HMRPT
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cept for transferability) to publicly-issued Treasury obligations that have maturities that coincide, to the 

greatest extent practicable, with the applicable capitalization date for the Fund. 

(ii) ON AND AFTER EACH CAPITALIZATION DATE.—On 

and after each capitalization date, amounts in the interest account shall be invested and reinvested in eligible obligations that are identical (except for transferability) to publicly-issued Treasury obligations that 

have maturities that coincide, to the greatest extent 

practicable, with the date on which the amounts will 

be withdrawn by the Secretary of the Treasury and 

transferred to the Secretary of the Interior for use in 

accordance with subsection (d). 

(E) PAR PURCHASE PRICE.—

(i) IN GENERAL.—To preserve in perpetuity the 

amount in the principal account, the purchase price of 

an eligible obligation purchased as an investment of 

the principal account shall not exceed the par value of 

the obligation. 

(ii) TREATMENT.—At the maturity of an eligible obligation described in clause (i), any discount from par in 

the purchase price of the eligible obligation shall be 

treated as interest paid at maturity. 

(F) HOLDING TO MATURITY.—Eligible obligations purchased pursuant to this paragraph shall be held to their 

maturities. 

(3) ANNUAL REVIEW OF INVESTMENT ACTIVITIES.—Not less frequently than once each calendar year, the Secretary of the 

Treasury shall review with the Tribe the results of the investment activities and financial status of the Fund during the preceding calendar year. 

(4) MODIFICATIONS.— (A) IN GENERAL.—If the Secretary of the Treasury determines that investing the Fund in accordance with paragraph (2) is not practicable or would result in adverse consequences to the Fund, the Secretary of the Treasury shall 

modify the requirements to the least extent necessary, as determined by the Secretary of the Treasury. 

(B) CONSULTATION.—Before making a modification under 

subparagraph (A), the Secretary of the Treasury shall consult with the Tribe with respect to the modification. 

(d) PAYMENT OF INTEREST TO TRIBE.—

ø(1) WITHDRAWAL OF INTEREST.—Beginning on the first day 

of the 11th fiscal year after the date of enactment of this Act 

and, on the first day of each fiscal year thereafter, the Secretary of the Treasury shall withdraw the aggregate amount of 

interest deposited into the Fund for that fiscal year and transfer that amount to the Secretary of the Interior for use in accordance with paragraph (2). Each amount so transferred shall 

be available without fiscal year limitation.¿ 

(1) WITHDRAWAL OF INTEREST.—Beginning on the first day of 

the fiscal year beginning after the date of enactment of the 

Cheyenne River Sioux Tribe Equitable Compensation Amendments Act of 2007, and on the first day of each fiscal year thereVerDate Aug 31 2005 02:45 May 09, 2007 Jkt 059006 PO 00000 Frm 00010 Fmt 6659 Sfmt 6603 E:\HR\OC\HR128.XXX HR128

hmoore on PRODPC68 with HMRPT
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after, the Secretary of the Treasury shall withdraw and transfer 

all funds in the interest account of the Fund to the Secretary 

of the Interior for use in accordance with paragraph (2), to be 

available without fiscal year limitation. 

* * * * * * * 

(f) PLAN.—

(1) * * * 

* * * * * * * 

(3) MEMBER LANDOWNERS.—

(A) ADDITIONAL COMPENSATION.—

(i) IN GENERAL.—Except as provided in clause (iii), 

the plan may provide for the payment of additional 

compensation to member landowners for acquisition of 

land by the United States for use in the Oahe Dam and 

Reservoir Project. 

(ii) DETERMINATION OF HEIRS.—An heir of a member 

land owner shall be determined pursuant to the applicable probate code of the Tribe. 

(iii) EXCEPTION.—During any fiscal year, payments 

of additional compensation to a member landowner 

under clause (i) shall not—

(I) be deposited or transferred into—

(aa) the Individual Indian Money account of 

the member landowner; or 

(bb) any other fund held by the United 

States on behalf of the member landowner; or 

(II) exceed an amount equal to 44.3 percent of 

the amount transferred by the Secretary of the Interior to the Tribe under paragraph (2). 

(B) PROVISION OF RECORDS.—To assist the Tribe in processing claims of heirs of member landowners for land acquired by the United States for use in the Oahe Dam and 

Reservoir Project, the Secretary of the Interior shall provide 

to the Tribe, in accordance with applicable laws (including 

regulations), any record requested by the Tribe to identify 

the heirs of member landowners by the date that is 90 days 

after the date of receipt of a request from the Tribe. 

ø(3)¿ (4) PLAN REVIEW AND REVISION.—

(A) * * * 

* * * * * * * 

ø(4)¿ (5) AUDIT.— (A) * * * 

* * * * * * * 

SEC. 105. ELIGIBILITY OF TRIBE FOR CERTAIN PROGRAMS AND SERVICES. 

No payment made to the Tribe or any member landowner under 

this title shall result in the reduction or denial of any service or 

program with respect to which, under Federal law— (1) * * * 

* * * * * * * 


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øSEC. 107. EXTINGUISHMENT OF CLAIMS. 

øUpon the deposit of funds (together with interest) into the Fund 

under section 104(b), all monetary claims that the Tribe has or 

may have against the United States for the taking, by the United 

States, of the land and property of the Tribe for the Oahe Dam and 

Reservoir Project of the Pick-Sloan Missouri River Basin program 

shall be extinguished.¿ 

SEC. 107. EXTINGUISHMENT OF CLAIMS. 

(a) IN GENERAL.—On the date on which the final payment is deposited into the Fund under section 104(b), all monetary claims that 

the Tribe has or may have against the United States for the taking 

by the United States of land and property of the Tribe for the Oahe 

Dam and Reservoir Project of the Pick-Sloan Missouri River Basin 

program shall be extinguished. 

(b) EFFECT OF ACCEPTANCE OF PAYMENT.—On acceptance by a 

member landowner or an heir of a member landowner of any payment by the Tribe for damages resulting from the taking by the 

United States of land or property of the Tribe for the Oahe Dam 

and Reservoir Project of the Pick-Sloan Missouri River Basin program, all monetary claims that the member landowner or heir has 

or may have against the United States for the taking shall be extinguished. 

* * * * * * * 

Æ 


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