II 

Calendar No. 623 

109TH CONGRESS 

2D SESSION S. 1535 

[Report No. 109–343] 

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. 

IN THE SENATE OF THE UNITED STATES 

JULY 28, 2005 

Mr. JOHNSON (for himself and Mr. THUNE) introduced the following bill; 

which was read twice and referred to the Committee on Indian Affairs 

SEPTEMBER 20, 2006 

Reported by Mr. MCCAIN, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Cheyenne River Sioux 

3 Tribe Equitable Compensation Amendments Act of 2005’’. 

4 SEC. 2. FINDINGS. 

5 (a) FINDINGS.—Congress finds that— 

6 (1) the Pick-Sloan Missouri River Basin pro7 gram, authorized by section 9 of the Act of Decem8 ber 22, 1944 (commonly known as the ‘‘Flood Con9 trol Act of 1944’’) (58 Stat. 891), was intended to 

10 promote the general economic development of the 

11 United States; 

12 (2) the Oahe Dam and Reservoir Project— 

13 (A) is a major component of the Pick14 Sloan Missouri River Basin program; and 

15 (B) contributes to the national economy; 

16 (3) the Oahe Dam and Reservoir Project flood17 ed the fertile bottom land of the Cheyenne River 

18 Sioux Reservation, which greatly damaged the econ19 omy and cultural resources of the Cheyenne River 

20 Sioux Tribe and caused the loss of many homes and 

21 communities of members of the Tribe; 

22 (4) Congress has provided compensation to sev23 eral Indian tribes, including the Cheyenne River 

24 Sioux Tribe, that border the Missouri River and suf25 fered injury as a result of 1 or more of the Pick26 Sloan projects; 


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1 (5) on determining that the compensation paid 

2 to the Cheyenne River Sioux Tribe was inadequate, 

3 Congress enacted the Cheyenne River Sioux Tribe 

4 Equitable Compensation Act (Public Law 106–511; 

5 114 Stat. 2365), which created the Cheyenne River 

6 Sioux Tribal Recovery Trust Fund; and 

7 (6) that Act did not provide for additional com8 pensation to members of the Cheyenne River Sioux 

9 Tribe that lost land as a result of the Oahe Dam 

10 and Reservoir Project. 

11 (b) PURPOSES.—The purposes of this Act are— 

12 (1) to provide that the Cheyenne River Sioux 

13 Tribal Recovery Trust Fund may be used to provide 

14 compensation to members of the Cheyenne River 

15 Sioux Tribe that lost land as a result of the Oahe 

16 Dam and Reservoir Project; and 

17 (2) to provide for the capitalization of the Chey18 enne River Sioux Tribal Recovery Trust Fund. 

19 SEC. 3. CHEYENNE RIVER SIOUX TRIBE EQUITABLE COM20 PENSATION. 

21 (a) FINDINGS AND PURPOSES.—Section 102 of the 

22 Cheyenne River Sioux Tribe Equitable Compensation Act 

23 (Public Law 106–511; 114 Stat. 2365) is amended— 

24 (1) in subsection (a)(3), by striking subpara25 graphs (A) and (B) and inserting the following: 


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1 ‘‘(A) the United States did not justify, or 

2 fairly compensate the Tribe and member land3 owners for, the Oahe Dam and Reservation 

4 project, under which the United States acquired 

5 104,492 acres of land of the Tribe and member 

6 landowners; and 

7 ‘‘(B) the Tribe and member landowners 

8 should be adequately compensated for that 

9 land;’’; and 

10 (2) in subsection (b)(1), by inserting ‘‘and 

11 member landowners’’ after ‘‘Tribe’’ each place it ap12 pears. 

13 (b) DEFINITIONS.—Section 103 of the Cheyenne 

14 River Sioux Tribe Equitable Compensation Act (Public 

15 Law 106–511; 114 Stat. 2365) is amended— 

16 (1) by redesignating paragraphs (1) and (2) as 

17 paragraphs (4) and (3), respectively, and moving the 

18 paragraphs so as to appear in numerical order; and 

19 (2) by inserting before paragraph (3) (as redes20 ignated by paragraph (1)) the following: 

21 ‘‘(1) MEMBER LANDOWNER.—The term ‘mem22 ber landowner’ means a member of the Tribe (or an 

23 heir of such a member) that owned land (including 

24 land allotted under the Act of February 8, 1887 (24 

25 Stat. 388, chapter 119)) located on the Cheyenne 


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1 River Sioux Reservation that was acquired by the 

2 United States for the Oahe Dam and Reservoir 

3 Project. 

4 ‘‘(2) POWER PROGRAM.—The term ‘power pro5 gram’ means the power program under the Pick6 Sloan Missouri River Basin program.’’. 

7 (c) CHEYENNE RIVER SIOUX TRIBAL RECOVERY

8 TRUST FUND.—Section 104 of the Cheyenne River Sioux 

9 Tribe Equitable Compensation Act (Public Law 106–511; 

10 114 Stat. 2365) is amended— 

11 (1) by striking subsection (b) and inserting the 

12 following: 

13 ‘‘(b) FUNDING.— 

14 ‘‘(1) IN GENERAL.—The Secretary of the 

15 Treasury shall deposit into the Fund an amount 

16 equal to 25 percent of the amount deposited into the 

17 Treasury from the power program during the pre18 ceding fiscal year for the period— 

19 ‘‘(A) beginning on October 1, 2004; and 

20 ‘‘(B) ending on the last date of the fiscal 

21 year during which the total amount deposited 

22 into the Treasury from the power program 

23 equals the amount described in paragraph (2). 

24 ‘‘(2) DESCRIPTION OF AMOUNT.— 


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1 ‘‘(A) IN GENERAL.—The amount referred 

2 to in paragraph (1)(B) is an amount equal to 

3 the sum of— 

4 ‘‘(i) $290,722,958; and 

5 ‘‘(ii) an amount equal to the amount 

6 of interest or earnings that would have ac7 crued on the amount described in clause (i) 

8 if that amount had been invested in ac9 cordance with subsection (c) as of October 

10 1, 2001. 

11 ‘‘(B) CALCULATION OF INTEREST.—The 

12 amount of interest and earnings described in 

13 subparagraph (A)(ii) shall be determined by ap14 plying the Lehman Government Bond Index (or 

15 a similar index, as determined by the Secretary 

16 of the Treasury, in consultation with the Tribal 

17 Council).’’; 

18 (2) in subsection (d)(1), by striking ‘‘Beginning 

19 on the first day of the 11th fiscal year after the date 

20 of enactment of this Act’’ and inserting ‘‘Beginning 

21 on October 1, 2005,’’; and 

22 (3) in subsection (f)— 

23 (A) by redesignating paragraphs (3) and 

24 (4) as paragraphs (4) and (5), respectively; and 


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1 (B) by inserting after paragraph (2) the 

2 following: 

3 ‘‘(3) MEMBER LANDOWNERS.— 

4 ‘‘(A) IN GENERAL.—The plan may provide 

5 for the payment of additional compensation to 

6 member landowners for acquisition of land by 

7 the United States for use in the Oahe Dam and 

8 Reservoir Project. 

9 ‘‘(B) PROVISION OF RECORDS.—To assist 

10 the Tribe in processing claims of heirs of mem11 ber landowners for land acquired by the United 

12 States for use in the Oahe Dam and Reservoir 

13 Project, the Secretary of the Interior shall pro14 vide to the Tribe any record requested by the 

15 Tribe to identify the heirs of member land16 owners by the date that is 60 days after the 

17 date of receipt of a request from the Tribe.’’. 

18 (d) ELIGIBILITY OF TRIBE FOR CERTAIN PROGRAMS

19 AND SERVICES.—Section 105 of the Cheyenne River Sioux 

20 Tribe Equitable Compensation Act (Public Law 106–511; 

21 114 Stat. 2365) is amended in the matter preceding para22 graph (1) by inserting ‘‘or any member landowner’’ after 

23 ‘‘Tribe’’. 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Cheyenne River Sioux 

3 Tribe Equitable Compensation Amendments Act of 2006’’. 

4 SEC. 2. FINDINGS. 

5 (a) FINDINGS.—Congress finds that— 

6 (1) the Pick-Sloan Missouri River Basin pro7 gram, authorized by section 9 of the Act of December 

8 22, 1944 (commonly known as the ‘‘Flood Control Act 

9 of 1944’’) (58 Stat. 891), was intended to promote the 

10 general economic development of the United States; 

11 (2) the Oahe Dam and Reservoir Project— 

12 (A) is a major component of the Pick-Sloan 

13 Missouri River Basin program; and 

14 (B) contributes to the national economy; 

15 (3) the Oahe Dam and Reservoir Project flooded 

16 the fertile bottom land of the Cheyenne River Sioux 

17 Reservation, which greatly damaged the economy and 

18 cultural resources of the Cheyenne River Sioux Tribe 

19 and caused the loss of many homes and communities 

20 of members of the Tribe; 

21 (4) Congress has provided compensation to sev22 eral Indian tribes, including the Cheyenne River 

23 Sioux Tribe, that border the Missouri River and suf24 fered injury as a result of 1 or more of the Pick-Sloan 

25 projects; 


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1 (5) on determining that the compensation paid 

2 to the Cheyenne River Sioux Tribe was inadequate, 

3 Congress enacted the Cheyenne River Sioux Tribe Eq4 uitable Compensation Act (Public Law 106–511; 114 

5 Stat. 2365), which created the Cheyenne River Sioux 

6 Tribal Recovery Trust Fund; and 

7 (6) that Act did not provide for additional com8 pensation to members of the Cheyenne River Sioux 

9 Tribe that lost land as a result of the Oahe Dam and 

10 Reservoir Project. 

11 (b) PURPOSES.—The purposes of this Act are— 

12 (1) to provide that the Cheyenne River Sioux 

13 Tribal Recovery Trust Fund may be used to provide 

14 compensation to members of the Cheyenne River 

15 Sioux Tribe that lost land as a result of the Oahe 

16 Dam and Reservoir Project; and 

17 (2) to provide for the capitalization of the Chey18 enne River Sioux Tribal Recovery Trust Fund. 

19 SEC. 3. CHEYENNE RIVER SIOUX TRIBE EQUITABLE COM20 PENSATION. 

21 (a) FINDINGS AND PURPOSES.—Section 102 of the 

22 Cheyenne River Sioux Tribe Equitable Compensation Act 

23 (Public Law 106–511; 114 Stat. 2365) is amended— 

24 (1) in subsection (a)(3), by striking subpara25 graphs (A) and (B) and inserting the following: 


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1 ‘‘(A) the United States did not justly or 

2 fairly compensate the Tribe and member land3 owners for the Oahe Dam and Reservation 

4 project, under which the United States acquired 

5 104,492 acres of land of the Tribe and member 

6 landowners; and 

7 ‘‘(B) the Tribe and member landowners 

8 should be adequately compensated for that 

9 land;’’; and 

10 (2) in subsection (b)(1), by inserting ‘‘and mem11 ber landowners’’ after ‘‘Tribe’’ each place it appears. 

12 (b) DEFINITIONS.—Section 103 of the Cheyenne River 

13 Sioux Tribe Equitable Compensation Act (Public Law 106– 

14 511; 114 Stat. 2365) is amended— 

15 (1) by redesignating paragraph (1) as para16 graph (3) and moving the paragraph so as to appear 

17 after paragraph (2); and 

18 (2) by inserting before paragraph (2) the fol19 lowing: 

20 ‘‘(1) MEMBER LANDOWNER.—The term ‘member 

21 landowner’ means a member of the Tribe (or an heir 

22 of such a member) that owned land (including land 

23 allotted under the Act of February 8, 1887 (24 Stat. 

24 388, chapter 119)) located on the Cheyenne River 


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1 Sioux Reservation that was acquired by the United 

2 States for the Oahe Dam and Reservoir Project.’’. 

3 (c) CHEYENNE RIVER SIOUX TRIBAL RECOVERY

4 TRUST FUND.—Section 104 of the Cheyenne River Sioux 

5 Tribe Equitable Compensation Act (Public Law 106–511; 

6 114 Stat. 2365) is amended— 

7 (1) by striking subsection (b) and inserting the 

8 following: 

9 ‘‘(b) FUNDING.—On the first day of the fiscal year be10 ginning after the date of enactment of the Cheyenne River 

11 Sioux Tribe Equitable Compensation Amendments Act of 

12 2006 and on the first day of each of the following 4 fiscal 

13 years (referred to in this section as the ‘capitalization 

14 dates’), the Secretary of the Treasury shall deposit into the 

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

16 ‘‘(1) $58,144,591.60; and 

17 ‘‘(2) an additional amount equal to the amount 

18 of interest that would have accrued if— 

19 ‘‘(A) the amount described in paragraph (1) 

20 had been— 

21 ‘‘(i) credited to the principal account 

22 as described in subsection (c)(2)(B)(i)(I) on 

23 the first day of the fiscal year beginning Oc24 tober 1, 2001; and 


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1 ‘‘(ii) invested as described in sub2 section (c)(2)(C) during the period begin3 ning on the date described in clause (i) and 

4 ending on the last day of the fiscal year be5 fore the fiscal year in which that amount is 

6 deposited into the Fund; and 

7 ‘‘(B) the interest that would have accrued 

8 under subparagraph (A) during the period de9 scribed in subparagraph (A)(ii) had been— 

10 ‘‘(i) credited to the interest account 

11 under subsection (c)(2)(B)(ii); and 

12 ‘‘(ii) invested during that period in ac13 cordance with subsection (c)(2)(D)(i).’’; 

14 (2) by striking subsection (c) and inserting the 

15 following: 

16 ‘‘(c) INVESTMENTS.— 

17 ‘‘(1) ELIGIBLE OBLIGATIONS.—Notwithstanding 

18 any other provision of law, the Secretary of the Treas19 ury shall invest the Fund only in interest-bearing ob20 ligations of the United States issued directly to the 

21 Fund. 

22 ‘‘(2) INVESTMENT REQUIREMENTS.— 

23 ‘‘(A) IN GENERAL.—The Secretary of the 

24 Treasury shall invest the Fund in accordance 

25 with this paragraph. 


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1 ‘‘(B) SEPARATE INVESTMENTS OF PRIN2 CIPAL AND INTEREST.— 

3 ‘‘(i) PRINCIPAL ACCOUNT.—The 

4 amounts deposited into the Fund under sub5 section (b)(1) shall be— 

6 ‘‘(I) credited to a principal ac7 count within the Fund (referred to in 

8 this paragraph as the ‘principal ac9 count’); and 

10 ‘‘(II) invested in accordance with 

11 subparagraph (C). 

12 ‘‘(ii) INTEREST ACCOUNT.— 

13 ‘‘(I) IN GENERAL.—The interest 

14 earned from investing amounts in the 

15 principal account shall be— 

16 ‘‘(aa) transferred to a sepa17 rate interest account within the 

18 Fund (referred to in this para19 graph as the ‘interest account’); 

20 and 

21 ‘‘(bb) invested in accordance 

22 with subparagraph (D). 

23 ‘‘(II) CREDITING.—The interest 

24 earned from investing amounts in the 

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1 posited into the Fund under subsection 

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

3 account. 

4 ‘‘(C) INVESTMENT OF PRINCIPAL AC5 COUNT.— 

6 ‘‘(i) INITIAL INVESTMENT.—Amounts 

7 in the principal account shall be initially 

8 invested in eligible obligations with the 

9 shortest available maturity. 

10 ‘‘(ii) SUBSEQUENT INVESTMENTS.— 

11 ‘‘(I) IN GENERAL.—On the date 

12 on which the amount in the principal 

13 account is divisible into 3 substan14 tially equal portions, each portion 

15 shall be invested in eligible obligations 

16 that are identical (except for transfer17 ability) to the next-issued publicly18 issued Treasury obligations having a 

19 2-year maturity, a 5-year maturity, 

20 and a 10-year maturity, respectively. 

21 ‘‘(II) MATURITY OF OBLIGA22 TIONS.—As each 2-year, 5-year, and 

23 10-year eligible obligation under sub24 clause (I) matures, the principal of the 

25 maturing eligible obligation shall be 


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1 initially invested in accordance with 

2 clause (i) until the date on which the 

3 principal is reinvested substantially 

4 equally in the eligible obligations that 

5 are identical (except for transfer6 ability) to the next-issued publicly7 issued Treasury obligations having 2- 

8 year, 5-year, and 10-year maturities. 

9 ‘‘(iii) DISCONTINUATION OF ISSUANCE

10 OF OBLIGATIONS.—If the Department of the 

11 Treasury discontinues issuing to the public 

12 obligations having 2-year, 5-year, or 10- 

13 year maturities, the principal of any ma14 turing eligible obligation shall be reinvested 

15 substantially equally in available eligible 

16 obligations that are identical (except for 

17 transferability) to the next-issued publicly18 issued Treasury obligations with maturities 

19 of longer than 1 year. 

20 ‘‘(D) INVESTMENT OF INTEREST AC21 COUNT.— 

22 ‘‘(i) BEFORE EACH CAPITALIZATION

23 DATE.—For purposes of subsection 

24 (b)(2)(B), amounts considered as if they 

25 were in the interest account of the Fund 


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1 shall be invested in eligible obligations that 

2 are identical (except for transferability) to 

3 publicly-issued Treasury obligations that 

4 have maturities that coincide, to the great5 est extent practicable, with the applicable 

6 capitalization date for the Fund. 

7 ‘‘(ii) ON AND AFTER EACH CAPITALIZA8 TION DATE.—On and after each capitaliza9 tion date, amounts in the interest account 

10 shall be invested and reinvested in eligible 

11 obligations that are identical (except for 

12 transferability) to publicly-issued Treasury 

13 obligations that have maturities that coin14 cide, to the greatest extent practicable, with 

15 the date on which the amounts will be with16 drawn by the Secretary of the Treasury and 

17 transferred to the Secretary of the Interior 

18 for use in accordance with subsection (d). 

19 ‘‘(E) PAR PURCHASE PRICE.— 

20 ‘‘(i) IN GENERAL.—To preserve in per21 petuity the amount in the principal ac22 count, the purchase price of an eligible obli23 gation purchased as an investment of the 

24 principal account shall not exceed the par 

25 value of the obligation. 


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1 ‘‘(ii) TREATMENT.—At the maturity of 

2 an eligible obligation described in clause (i), 

3 any discount from par in the purchase 

4 price of the eligible obligation shall be treat5 ed as interest paid at maturity. 

6 ‘‘(F) HOLDING TO MATURITY.—Eligible ob7 ligations purchased pursuant to this paragraph 

8 shall be held to their maturities. 

9 ‘‘(3) ANNUAL REVIEW OF INVESTMENT ACTIVI10 TIES.—Not less frequently than once each calendar 

11 year, the Secretary of the Treasury shall review with 

12 the Tribe the results of the investment activities and 

13 financial status of the Fund during the preceding cal14 endar year. 

15 ‘‘(4) MODIFICATIONS.— 

16 ‘‘(A) IN GENERAL.—If the Secretary of the 

17 Treasury determines that investing the Fund in 

18 accordance with paragraph (2) is not practicable 

19 or would result in adverse consequences to the 

20 Fund, the Secretary of the Treasury shall modify 

21 the requirements to the least extent necessary, as 

22 determined by the Secretary of the Treasury. 

23 ‘‘(B) CONSULTATION.—Before making a 

24 modification under subparagraph (A), the SecVerDate Aug 31 2005 00:30 Sep 21, 2006 Jkt 049196 PO 00000 Frm 00017 Fmt 6652 Sfmt 6203 E:\BILLS\S1535.RS S1535

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1 retary of the Treasury shall consult with the 

2 Tribe with respect to the modification.’’; 

3 (3) in subsection (d), by striking paragraph (1) 

4 and inserting the following: 

5 ‘‘(1) WITHDRAWAL OF INTEREST.—Beginning on 

6 the first day of the fiscal year beginning after the date 

7 of enactment of the Cheyenne River Sioux Tribe Eq8 uitable Compensation Amendments Act of 2006, and 

9 on the first day of each fiscal year thereafter, the Sec10 retary of the Treasury shall withdraw and transfer 

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

12 Secretary of the Interior for use in accordance with 

13 paragraph (2), to be available without fiscal year 

14 limitation.’’; and 

15 (4) in subsection (f)— 

16 (A) by redesignating paragraphs (3) and 

17 (4) as paragraphs (4) and (5), respectively; and 

18 (B) by inserting after paragraph (2) the fol19 lowing: 

20 ‘‘(3) MEMBER LANDOWNERS.— 

21 ‘‘(A) ADDITIONAL COMPENSATION.— 

22 ‘‘(i) IN GENERAL.—Except as provided 

23 in clause (iii), the plan may provide for the 

24 payment of additional compensation to 

25 member landowners for acquisition of land 


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1 by the United States for use in the Oahe 

2 Dam and Reservoir Project. 

3 ‘‘(ii) DETERMINATION OF HEIRS.—An 

4 heir of a member landowner shall be deter5 mined in accordance with the probate code 

6 governing the estate of the member land7 owner. 

8 ‘‘(iii) EXCEPTION.—During any fiscal 

9 year, payments of additional compensation 

10 to a member landowner under clause (i) 

11 shall not— 

12 ‘‘(I) be deposited or transferred 

13 into— 

14 ‘‘(aa) the Individual Indian 

15 Money account of the member 

16 landowner; or 

17 ‘‘(bb) any other fund held by 

18 the United States on behalf of the 

19 member landowner; or 

20 ‘‘(II) exceed an amount equal to 

21 44.3 percent of the amount transferred 

22 by the Secretary of the Interior to the 

23 Tribe under paragraph (2). 

24 ‘‘(B) PROVISION OF RECORDS.—To assist 

25 the Tribe in processing claims of heirs of member 


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1 landowners for land acquired by the United 

2 States for use in the Oahe Dam and Reservoir 

3 Project, the Secretary of the Interior shall pro4 vide to the Tribe, in accordance with applicable 

5 laws (including regulations), any record re6 quested by the Tribe to identify the heirs of mem7 ber landowners by the date that is 90 days after 

8 the date of receipt of a request from the Tribe.’’. 

9 (d) ELIGIBILITY OF TRIBE FOR CERTAIN PROGRAMS

10 AND SERVICES.—Section 105 of the Cheyenne River Sioux 

11 Tribe Equitable Compensation Act (Public Law 106–511; 

12 114 Stat. 2365) is amended in the matter preceding para13 graph (1) by inserting ‘‘or any member landowner’’ after 

14 ‘‘Tribe’’. 

15 (e) EXTINGUISHMENT OF CLAIMS.—Section 107 of the 

16 Cheyenne River Sioux Tribe Equitable Compensation Act 

17 (Public Law 106–511; 114 Stat. 2368) is amended to read 

18 as follows: 

19 ‘‘SEC. 107. EXTINGUISHMENT OF CLAIMS. 

20 ‘‘(a) IN GENERAL.—On the date on which the final 

21 payment is deposited into the Fund under section 104(b), 

22 all monetary claims that the Tribe has or may have against 

23 the United States for the taking by the United States of 

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1 ervoir Project of the Pick-Sloan Missouri River Basin pro2 gram shall be extinguished. 

3 ‘‘(b) EFFECT OF ACCEPTANCE OF PAYMENT.—On ac4 ceptance by a member landowner or an heir of a member 

5 landowner of any payment by the Tribe for damages result6 ing from the taking by the United States of land or property 

7 of the Tribe for the Oahe Dam and Reservoir Project of the 

8 Pick-Sloan Missouri River Basin program, all monetary 

9 claims that the member landowner or heir has or may have 

10 against the United States for the taking shall be extin11 guished.’’. 


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Calendar No. 623 

109TH CONGRESS 

2D SESSION S. 1535 

[Report No. 109

–343] 

A BILL 

To amend the Cheyenne River Sioux Tribe EquiReservoir Project, and for other purposes. for damage resulting from the Oahe Dam and to members of the Cheyenne River Sioux Tribe table Compensation Act to provide compensation 

SEPTEMBER 20, 2006 

Reported with an amendment 


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