109TH CONGRESS

2D SESSION S. 1535

AN ACT

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,

3 SECTION 1. SHORT TITLE.

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

5 Tribe Equitable Compensation Amendments Act of 2006’’.
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1 SEC. 2. FINDINGS.

2 (a) FINDINGS.—Congress finds that—

3 (1) the Pick-Sloan Missouri River Basin pro4 gram, authorized by section 9 of the Act of Decem5 ber 22, 1944 (commonly known as the ‘‘Flood Con6 trol Act of 1944’’) (58 Stat. 891), was intended to

7 promote the general economic development of the

8 United States;

9 (2) the Oahe Dam and Reservoir Project—

10 (A) is a major component of the Pick11 Sloan Missouri River Basin program; and

12 (B) contributes to the national economy;

13 (3) the Oahe Dam and Reservoir Project flood14 ed the fertile bottom land of the Cheyenne River

15 Sioux Reservation, which greatly damaged the econ16 omy and cultural resources of the Cheyenne River

17 Sioux Tribe and caused the loss of many homes and

18 communities of members of the Tribe;

19 (4) Congress has provided compensation to sev20 eral Indian tribes, including the Cheyenne River

21 Sioux Tribe, that border the Missouri River and suf22 fered injury as a result of 1 or more of the Pick23 Sloan projects;

24 (5) on determining that the compensation paid

25 to the Cheyenne River Sioux Tribe was inadequate,

26 Congress enacted the Cheyenne River Sioux Tribe
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1 Equitable Compensation Act (Public Law 106–511;

2 114 Stat. 2365), which created the Cheyenne River

3 Sioux Tribal Recovery Trust Fund; and

4 (6) that Act did not provide for additional com5 pensation to members of the Cheyenne River Sioux

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

7 and Reservoir Project.

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

9 (1) to provide that the Cheyenne River Sioux

10 Tribal Recovery Trust Fund may be used to provide

11 compensation to members of the Cheyenne River

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

13 Dam and Reservoir Project; and

14 (2) to provide for the capitalization of the Chey15 enne River Sioux Tribal Recovery Trust Fund.

16 SEC. 3. CHEYENNE RIVER SIOUX TRIBE EQUITABLE COM17 PENSATION.

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

19 Cheyenne River Sioux Tribe Equitable Compensation Act

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

21 (1) in subsection (a)(3), by striking subpara22 graphs (A) and (B) and inserting the following:

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

24 fairly compensate the Tribe and member land25 owners for the Oahe Dam and Reservation
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1 project, under which the United States acquired

2 104,492 acres of land of the Tribe and member

3 landowners; and

4 ‘‘(B) the Tribe and member landowners

5 should be adequately compensated for that

6 land;’’; and

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

8 member landowners’’ after ‘‘Tribe’’ each place it ap9 pears.

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

11 River Sioux Tribe Equitable Compensation Act (Public

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

13 (1) by redesignating paragraph (1) as para14 graph (3) and moving the paragraph so as to appear

15 after paragraph (2); and

16 (2) by inserting before paragraph (2) the fol17 lowing:

18 ‘‘(1) MEMBER LANDOWNER.—The term ‘mem19 ber landowner’ means a member of the Tribe (or an

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

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

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

23 River Sioux Reservation that was acquired by the

24 United States for the Oahe Dam and Reservoir

25 Project.’’.
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1 (c) CHEYENNE RIVER SIOUX TRIBAL RECOVERY

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

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

4 114 Stat. 2365) is amended—

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

6 following:

7 ‘‘(b) FUNDING.—On the first day of the fiscal year

8 beginning after the date of enactment of the Cheyenne

9 River Sioux Tribe Equitable Compensation Amendments

10 Act of 2006 and on the first day of each of the following

11 4 fiscal years (referred to in this section as the ‘capitaliza12 tion dates’), the Secretary of the Treasury shall deposit

13 into the Fund, from amounts in the general fund of the

14 Treasury—

15 ‘‘(1) $58,144,591.60; and

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

17 of interest that would have accrued if—

18 ‘‘(A) the amount described in paragraph

19 (1) had been—

20 ‘‘(i) credited to the principal account

21 as described in subsection (c)(2)(B)(i)(I)

22 on the first day of the fiscal year beginning

23 October 1, 2001; and

24 ‘‘(ii) invested as described in sub25 section (c)(2)(C) during the period begin-
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1 ning on the date described in clause (i)

2 and ending on the last day of the fiscal

3 year before the fiscal year in which that

4 amount is deposited into the Fund; and

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

6 under subparagraph (A) during the period de7 scribed in subparagraph (A)(ii) had been—

8 ‘‘(i) credited to the interest account

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

10 ‘‘(ii) invested during that period in ac11 cordance with subsection (c)(2)(D)(i).’’;

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

13 following:

14 ‘‘(c) INVESTMENTS.—

15 ‘‘(1) ELIGIBLE OBLIGATIONS.—Notwith16 standing any other provision of law, the Secretary of

17 the Treasury shall invest the Fund only in interest18 bearing obligations of the United States issued di19 rectly to the Fund.

20 ‘‘(2) INVESTMENT REQUIREMENTS.—

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

22 Treasury shall invest the Fund in accordance

23 with this paragraph.

24 ‘‘(B) SEPARATE INVESTMENTS OF PRIN25 CIPAL AND INTEREST.—
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1 ‘‘(i) PRINCIPAL ACCOUNT.—The

2 amounts deposited into the Fund under

3 subsection (b)(1) shall be—

4 ‘‘(I) credited to a principal ac5 count within the Fund (referred to in

6 this paragraph as the ‘principal ac7 count’); and

8 ‘‘(II) invested in accordance with

9 subparagraph (C).

10 ‘‘(ii) INTEREST ACCOUNT.—

11 ‘‘(I) IN GENERAL.—The interest

12 earned from investing amounts in the

13 principal account shall be—

14 ‘‘(aa) transferred to a sepa15 rate interest account within the

16 Fund (referred to in this para17 graph as the ‘interest account’);

18 and

19 ‘‘(bb) invested in accordance

20 with subparagraph (D).

21 ‘‘(II) CREDITING.—The interest

22 earned from investing amounts in the

23 interest account, and the amounts de24 posited into the Fund under sub-
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1 section (b)(2), shall be credited to the

2 interest account.

3 ‘‘(C) INVESTMENT OF PRINCIPAL AC4 COUNT.—

5 ‘‘(i) INITIAL INVESTMENT.—Amounts

6 in the principal account shall be initially

7 invested in eligible obligations with the

8 shortest available maturity.

9 ‘‘(ii) SUBSEQUENT INVESTMENTS.—

10 ‘‘(I) IN GENERAL.—On the date

11 on which the amount in the principal

12 account is divisible into 3 substan13 tially equal portions, each portion

14 shall be invested in eligible obligations

15 that are identical (except for transfer16 ability) to the next-issued publicly17 issued Treasury obligations having a

18 2-year maturity, a 5-year maturity,

19 and a 10-year maturity, respectively.

20 ‘‘(II) MATURITY OF OBLIGA21 TIONS.—As each 2-year, 5-year, and

22 10-year eligible obligation under sub23 clause (I) matures, the principal of

24 the maturing eligible obligation shall

25 be initially invested in accordance with
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1 clause (i) until the date on which the

2 principal is reinvested substantially

3 equally in the eligible obligations that

4 are identical (except for transfer5 ability) to the next-issued publicly6 issued Treasury obligations having 2-

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

8 ‘‘(iii) DISCONTINUATION OF ISSUANCE

9 OF OBLIGATIONS.—If the Department of

10 the Treasury discontinues issuing to the

11 public obligations having 2-year, 5-year, or

12 10-year maturities, the principal of any

13 maturing eligible obligation shall be rein14 vested substantially equally in available eli15 gible obligations that are identical (except

16 for transferability) to the next-issued pub17 licly-issued Treasury obligations with ma18 turities of longer than 1 year.

19 ‘‘(D) INVESTMENT OF INTEREST AC20 COUNT.—

21 ‘‘(i) BEFORE EACH CAPITALIZATION

22 DATE.—For purposes of subsection

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

24 were in the interest account of the Fund

25 shall be invested in eligible obligations that
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1 are identical (except for transferability) to

2 publicly-issued Treasury obligations that

3 have maturities that coincide, to the great4 est extent practicable, with the applicable

5 capitalization date for the Fund.

6 ‘‘(ii) ON AND AFTER EACH CAPITAL7 IZATION DATE.—On and after each capital8 ization date, amounts in the interest ac9 count shall be invested and reinvested in

10 eligible obligations that are identical (ex11 cept for transferability) to publicly-issued

12 Treasury obligations that have maturities

13 that coincide, to the greatest extent prac14 ticable, with the date on which the

15 amounts will be withdrawn by the Sec16 retary of the Treasury and transferred to

17 the Secretary of the Interior for use in ac18 cordance with subsection (d).

19 ‘‘(E) PAR PURCHASE PRICE.—

20 ‘‘(i) IN GENERAL.—To preserve in

21 perpetuity the amount in the principal ac22 count, the purchase price of an eligible ob23 ligation 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

2 of an eligible obligation described in clause

3 (i), any discount from par in the purchase

4 price of the eligible obligation shall be

5 treated as interest paid at maturity.

6 ‘‘(F) HOLDING TO MATURITY.—Eligible

7 obligations purchased pursuant to this para8 graph 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

14 calendar 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 prac19 ticable or would result in adverse consequences

20 to the Fund, the Secretary of the Treasury

21 shall modify the requirements to the least ex22 tent necessary, as determined by the Secretary

23 of the Treasury.

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

25 modification under subparagraph (A), the Sec-
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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

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

7 date of enactment of the Cheyenne River Sioux

8 Tribe Equitable Compensation Amendments Act of

9 2006, and on the first day of each fiscal year there10 after, the Secretary of the Treasury shall withdraw

11 and transfer all funds in the interest account of the

12 Fund to the Secretary of the Interior for use in ac13 cordance with paragraph (2), to be available without

14 fiscal year 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

19 following:

20 ‘‘(3) MEMBER LANDOWNERS.—

21 ‘‘(A) ADDITIONAL COMPENSATION.—

22 ‘‘(i) IN GENERAL.—Except as pro23 vided in clause (iii), the plan may provide

24 for the payment of additional compensa25 tion to member landowners for acquisition
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1 of land by the United States for use in the

2 Oahe 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

19 the member landowner; or

20 ‘‘(II) exceed an amount equal to

21 44.3 percent of the amount trans22 ferred by the Secretary of the Interior

23 to the Tribe under paragraph (2).

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

25 the Tribe in processing claims of heirs of mem-
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1 ber 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

7 member landowners by the date that is 90 days

8 after the date of receipt of a request from the

9 Tribe.’’.

10 (d) ELIGIBILITY OF TRIBE FOR CERTAIN PROGRAMS

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

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

13 114 Stat. 2365) is amended in the matter preceding para14 graph (1) by inserting ‘‘or any member landowner’’ after

15 ‘‘Tribe’’.

16 (e) EXTINGUISHMENT OF CLAIMS.—Section 107 of

17 the Cheyenne River Sioux Tribe Equitable Compensation

18 Act (Public Law 106–511; 114 Stat. 2368) is amended

19 to read as follows:

20 ‘‘SEC. 107. EXTINGUISHMENT OF CLAIMS.

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

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

23 all monetary claims that the Tribe has or may have

24 against the United States for the taking by the United

25 States of land and property of the Tribe for the Oahe Dam
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1 and Reservoir Project of the Pick-Sloan Missouri River

2 Basin program shall be extinguished.

3 ‘‘(b) EFFECT OF ACCEPTANCE OF PAYMENT.—On

4 acceptance by a member landowner or an heir of a member

5 landowner of any payment by the Tribe for damages re6 sulting from the taking by the United States of land or

7 property of the Tribe for the Oahe Dam and Reservoir

8 Project of the Pick-Sloan Missouri River Basin program,

9 all monetary claims that the member landowner or heir

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

11 shall be extinguished.’’.

Passed the Senate December 7, 2006.

Attest:

Secretary.
109TH CONGRESS

2D SESSION S. 1535

AN ACT

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