I

106TH CONGRESS

2D SESSION S. 964

IN THE HOUSE OF REPRESENTATIVES

JANUARY 27, 2000

Referred to the Committee on Resources

AN ACT

To provide for equitable compensation for the Cheyenne

River Sioux Tribe, 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 TITLE I—CHEYENNE RIVER

2 SIOUX TRIBE EQUITABLE

3 COMPENSATION

4 SEC. 101. SHORT TITLE.

5 This title may be cited as the ‘‘Cheyenne River Sioux

6 Tribe Equitable Compensation Act’’.

7 SEC. 102. FINDINGS AND PURPOSES.

8 (a) FINDINGS.—Congress finds that—

9 (1) by enacting the Act of December 22, 1944,

10 (58 Stat. 887, chapter 665; 33 U.S.C. 701–1 et

11 seq.), commonly known as the ‘‘Flood Control Act of

12 1944’’, Congress approved the Pick-Sloan Missouri

13 River Basin program (referred to in this section as

14 the ‘‘Pick-Sloan program’’)—

15 (A) to promote the general economic devel16 opment of the United States;

17 (B) to provide for irrigation above Sioux

18 City, Iowa;

19 (C) to protect urban and rural areas from

20 devastating floods of the Missouri River; and

21 (D) for other purposes;

22 (2) the Oahe Dam and Reservoir project—

23 (A) is a major component of the Pick24 Sloan program, and contributes to the economy

25 of the United States by generating a substan-
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1 tial amount of hydropower and impounding a

2 substantial quantity of water;

3 (B) overlies the eastern boundary of the

4 Cheyenne River Sioux Indian Reservation; and

5 (C) has not only contributed little to the

6 economy of the Tribe, but has severely damaged

7 the economy of the Tribe and members of the

8 Tribe by inundating the fertile, wooded bottom

9 lands of the Tribe along the Missouri River that

10 constituted the most productive agricultural

11 and pastoral lands of the Tribe and the home12 land of the members of the Tribe;

13 (3) the Secretary of the Interior appointed a

14 Joint Tribal Advisory Committee that examined the

15 Oahe Dam and Reservoir project and concluded

16 that—

17 (A) the Federal Government did not jus18 tify, or fairly compensate the Tribe for, the

19 Oahe Dam and Reservoir project when the Fed20 eral Government acquired 104,492 acres of land

21 of the Tribe for that project; and

22 (B) the Tribe should be adequately com23 pensated for the land acquisition described in

24 subparagraph (A);
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1 (4) after applying the same method of analysis

2 as is used for the compensation of similarly situated

3 Indian tribes, the Comptroller General of the United

4 States (referred to in this title as the ‘‘Comptroller

5 General’’) determined that the appropriate amount

6 of compensation to pay the Tribe for the land acqui7 sition described in paragraph (3)(A) would be

8 $290,723,000;

9 (5) the Tribe is entitled to receive additional fi10 nancial compensation for the land acquisition de11 scribed in paragraph (3)(A) in a manner consistent

12 with the determination of the Comptroller General

13 described in paragraph (4); and

14 (6) the establishment of a trust fund to make

15 amounts available to the Tribe under this title is

16 consistent with the principles of self-governance and

17 self-determination.

18 (b) PURPOSES.—The purposes of this title are as fol19 lows:

20 (1) To provide for additional financial com21 pensation to the Tribe for the acquisition by the

22 Federal Government of 104,492 acres of land of the

23 Tribe for the Oahe Dam and Reservoir project in a

24 manner consistent with the determinations of the

25 Comptroller General described in subsection (a)(4).
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1 (2) To provide for the establishment of the

2 Cheyenne River Sioux Tribal Recovery Trust Fund,

3 to be managed by the Secretary of the Treasury in

4 order to make payments to the Tribe to carry out

5 projects under a plan prepared by the Tribe.

6 SEC. 103. DEFINITIONS.

7 In this title:

8 (1) TRIBE.—The term ‘‘Tribe’’ means the

9 Cheyenne River Sioux Tribe, which is comprised of

10 the Itazipco, Siha Sapa, Minniconjou, and

11 Oohenumpa bands of the Great Sioux Nation that

12 reside on the Cheyenne River Reservation, located in

13 central South Dakota.

14 (2) TRIBAL COUNCIL.—The term ‘‘Tribal Coun15 cil’’ means the governing body of the Tribe.

16 SEC. 104. CHEYENNE RIVER SIOUX TRIBAL RECOVERY

17 TRUST FUND.

18 (a) CHEYENNE RIVER SIOUX TRIBAL RECOVERY

19 TRUST FUND.—There is established in the Treasury of

20 the United States a fund to be known as the ‘‘Cheyenne

21 River Sioux Tribal Recovery Trust Fund’’ (referred to in

22 this title as the ‘‘Fund’’). The Fund shall consist of any

23 amounts deposited into the Fund under this title.

24 (b) FUNDING.—On the first day of the 11th fiscal

25 year that begins after the date of enactment of this Act,
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1 the Secretary of the Treasury shall, from the General

2 Fund of the Treasury, deposit into the Fund established

3 under subsection (a)—

4 (1) $290,722,958; and

5 (2) an additional amount that equals the

6 amount of interest that would have accrued on the

7 amount described in paragraph (1) if such amount

8 had been invested in interest-bearing obligations of

9 the United States, or in obligations guaranteed as to

10 both principal and interest by the United States, on

11 the first day of the first fiscal year that begins after

12 the date of enactment of this Act and compounded

13 annually thereafter.

14 (c) INVESTMENT OF TRUST FUND.—It shall be the

15 duty of the Secretary of the Treasury to invest such por16 tion of the Fund as is not, in the Secretary of Treasury’s

17 judgment, required to meet current withdrawals. Such in18 vestments may be made only in interest-bearing obliga19 tions of the United States or in obligations guaranteed as

20 to both principal and interest by the United States. The

21 Secretary of the Treasury shall deposit interest resulting

22 from such investments into the Fund.

23 (d) PAYMENT OF INTEREST TO TRIBE.—

24 (1) WITHDRAWAL OF INTEREST.—Beginning on

25 the first day of the 11th fiscal year after the date
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1 of enactment of this Act and, on the first day of

2 each fiscal year thereafter, the Secretary of the

3 Treasury shall withdraw the aggregate amount of in4 terest deposited into the Fund for that fiscal year

5 and transfer that amount to the Secretary of the In6 terior for use in accordance with paragraph (2).

7 Each amount so transferred shall be available with8 out fiscal year limitation.

9 (2) PAYMENTS TO TRIBE.—

10 (A) IN GENERAL.—The Secretary of the

11 Interior shall use the amounts transferred

12 under paragraph (1) only for the purpose of

13 making payments to the Tribe, as such pay14 ments are requested by the Tribe pursuant to

15 tribal resolution.

16 (B) LIMITATION.—Payments may be made

17 by the Secretary of the Interior under subpara18 graph (A) only after the Tribe has adopted a

19 plan under subsection (f).

20 (C) USE OF PAYMENTS BY TRIBE.—The

21 Tribe shall use the payments made under sub22 paragraph (B) only for carrying out projects

23 and programs under the plan prepared under

24 subsection (f).
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1 (e) TRANSFERS AND WITHDRAWALS.—Except as

2 provided in subsections (c) and (d)(1), the Secretary of

3 the Treasury may not transfer or withdraw any amount

4 deposited under subsection (b).

5 (f) PLAN.—

6 (1) IN GENERAL.—Not later than 18 months

7 after the date of enactment of this Act, the gov8 erning body of the Tribe shall prepare a plan for the

9 use of the payments to the Tribe under subsection

10 (d) (referred to in this subsection as the ‘‘plan’’).

11 (2) CONTENTS OF PLAN.—The plan shall pro12 vide for the manner in which the Tribe shall expend

13 payments to the Tribe under subsection (d) to

14 promote—

15 (A) economic development;

16 (B) infrastructure development;

17 (C) the educational, health, recreational,

18 and social welfare objectives of the Tribe and

19 its members; or

20 (D) any combination of the activities de21 scribed in subparagraphs (A) through (C).

22 (3) PLAN REVIEW AND REVISION.—

23 (A) IN GENERAL.—The Tribal Council

24 shall make available for review and comment by

25 the members of the Tribe a copy of the plan be-
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1 fore the plan becomes final, in accordance with

2 procedures established by the Tribal Council.

3 (B) UPDATING OF PLAN.—The Tribal

4 Council may, on an annual basis, revise the

5 plan to update the plan. In revising the plan

6 under this subparagraph, the Tribal Council

7 shall provide the members of the Tribe oppor8 tunity to review and comment on any proposed

9 revision to the plan.

10 (C) CONSULTATION.—In preparing the

11 plan and any revisions to update the plan, the

12 Tribal Council shall consult with the Secretary

13 of the Interior and the Secretary of Health and

14 Human Services.

15 (4) AUDIT.—

16 (A) IN GENERAL.—The activities of the

17 Tribe in carrying out the plan shall be audited

18 as part of the annual single-agency audit that

19 the Tribe is required to prepare pursuant to the

20 Office of Management and Budget circular

21 numbered A–133.

22 (B) DETERMINATION BY AUDITORS.—The

23 auditors that conduct the audit described in

24 subparagraph (A) shall—
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1 (i) determine whether funds received

2 by the Tribe under this section for the pe3 riod covered by the audit were expended to

4 carry out the plan in a manner consistent

5 with this section; and

6 (ii) include in the written findings of

7 the audit the determination made under

8 clause (i).

9 (C) INCLUSION OF FINDINGS WITH PUBLI10 CATION OF PROCEEDINGS OF TRIBAL COUN11 CIL.—A copy of the written findings of the

12 audit described in subparagraph (A) shall be in13 serted in the published minutes of the Tribal

14 Council proceedings for the session at which the

15 audit is presented to the Tribal Council.

16 (g) PROHIBITION ON PER CAPITA PAYMENTS.—No

17 portion of any payment made under this title may be dis18 tributed to any member of the Tribe on a per capita basis.

19 SEC. 105. ELIGIBILITY OF TRIBE FOR CERTAIN PROGRAMS

20 AND SERVICES.

21 No payment made to the Tribe under this title shall

22 result in the reduction or denial of any service or program

23 with respect to which, under Federal law—
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1 (1) the Tribe is otherwise entitled because of

2 the status of the Tribe as a federally recognized In3 dian tribe; or

4 (2) any individual who is a member of the Tribe

5 is entitled because of the status of the individual as

6 a member of the Tribe.

7 SEC. 106. AUTHORIZATION OF APPROPRIATIONS.

8 There are authorized to be appropriated such funds

9 as may be necessary to cover the administrative expenses

10 of the Fund.

11 SEC. 107. EXTINGUISHMENT OF CLAIMS.

12 Upon the deposit of funds (together with interest)

13 into the Fund under section 104(b), all monetary claims

14 that the Tribe has or may have against the United States

15 for the taking, by the United States, of the land and prop16 erty of the Tribe for the Oahe Dam and Reservoir Project

17 of the Pick-Sloan Missouri River Basin program shall be

18 extinguished.

19 TITLE II—BOSQUE REDONDO

20 MEMORIAL

21 SEC. 201. SHORT TITLE.

22 This title may be cited as the ‘‘Bosque Redondo Me23 morial Act’’.

24 SEC. 202. FINDINGS AND PURPOSES.

25 (a) FINDINGS.—Congress finds that—
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1 (1) in 1863, the United States detained nearly

2 9,000 Navajo and forced their migration across

3 nearly 350 miles of land to Bosque Redondo, a jour4 ney known as the ‘‘Long Walk’’;

5 (2) Mescalero Apache people were also incarcer6 ated at Bosque Redondo;

7 (3) the Navajo and Mescalero Apache people la8 bored to plant crops, dig irrigation ditches and build

9 housing, but drought, cutworms, hail, and alkaline

10 Pecos River water created severe living conditions

11 for nearly 9,000 captives;

12 (4) suffering and hardships endured by the

13 Navajo and Mescalero Apache people forged a new

14 understanding of their strengths as Americans;

15 (5) the Treaty of 1868 was signed by the

16 United States and the Navajo tribes, recognizing the

17 Navajo Nation as it exists today;

18 (6) the State of New Mexico has appropriated

19 a total of $123,000 for a planning study and for the

20 design of the Bosque Redondo Memorial;

21 (7) individuals and businesses in DeBaca Coun22 ty donated $6,000 toward the production of a bro23 chure relating to the Bosque Redondo Memorial;

24 (8) the Village of Fort Sumner donated 70

25 acres of land to the State of New Mexico contiguous
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1 to the existing 50 acres comprising Fort Sumner

2 State Monument, contingent on the funding of the

3 Bosque Redondo Memorial;

4 (9) full architectural plans and the exhibit de5 sign for the Bosque Redondo Memorial have been

6 completed;

7 (10) the Bosque Redondo Memorial project has

8 the encouragement of the President of the Navajo

9 Nation and the President of the Mescalero Apache

10 Tribe, who have each appointed tribal members to

11 serve as project advisors;

12 (11) the Navajo Nation, the Mescalero Tribe

13 and the National Park Service are collaborating to

14 develop a symposium on the Bosque Redondo Long

15 Walk and a curriculum for inclusion in the New

16 Mexico school curricula;

17 (12) an interpretive center would provide im18 portant educational and enrichment opportunities

19 for all Americans; and

20 (13) Federal financial assistance is needed for

21 the construction of a Bosque Redondo Memorial.

22 (b) PURPOSES.—The purposes of this title are as fol23 lows:

24 (1) To commemorate the people who were in25 terned at Bosque Redondo.
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1 (2) To pay tribute to the native populations’

2 ability to rebound from suffering, and establish the

3 strong, living communities that have long been a

4 major influence in the State of New Mexico and in

5 the United States.

6 (3) To provide Americans of all ages a place to

7 learn about the Bosque Redondo experience and how

8 it resulted in the establishment of strong American

9 Indian Nations from once divergent bands.

10 (4) To support the construction of the Bosque

11 Redondo Memorial commemorating the detention of

12 the Navajo and Mescalero Apache people at Bosque

13 Redondo from 1863 to 1868.

14 SEC. 203. DEFINITIONS.

15 In this title:

16 (1) MEMORIAL.—The term ‘‘Memorial’’ means

17 the building and grounds known as the Bosque Re18 dondo Memorial.

19 (2) SECRETARY.—The term ‘‘Secretary’’ means

20 the Secretary of Defense.

21 SEC. 204. BOSQUE REDONDO MEMORIAL

22 (a) ESTABLISHMENT.— Upon the request of the

23 State of New Mexico, the Secretary is authorized to estab24 lish a Bosque Redondo Memorial within the boundaries

25 of Fort Sumner State Monument in New Mexico. No me-
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1 morial shall be established without the consent of the Nav2 ajo Nation and the Mescalero Tribe.

3 (b) COMPONENTS OF THE MEMORIAL.—The memo4 rial shall include—

5 (1) exhibit space, a lobby area that represents

6 design elements from traditional Mescalero and Nav7 ajo dwellings, administrative areas that include a re8 source room, library, workrooms and offices, rest9 rooms, parking areas, sidewalks, utilities, and other

10 visitor facilities;

11 (2) a venue for public education programs; and

12 (3) a location to commemorate the Long Walk

13 of the Navajo people and the healing that has taken

14 place since that event

15 SEC. 205. CONSTRUCTION OF MEMORIAL.

16 (a) GRANT.—

17 (1) IN GENERAL.—The Secretary may award a

18 grant to the State of New Mexico to provide up to

19 50 percent of the total cost of construction of the

20 Memorial.

21 (2) NON-FEDERAL SHARE.—The non-Federal

22 share of construction costs for the Memorial shall in23 clude funds previously expended by the State for the

24 planning and design of the Memorial, and funds pre-
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1 viously expended by non-Federal entities for the pro2 duction of a brochure relating to the Memorial.

3 (b) REQUIREMENTS.—To be eligible to receive a

4 grant under this section, the State shall—

5 (1) submit to the Secretary a proposal that—

6 (A) provides assurances that the Memorial

7 will comply with all applicable laws, including

8 building codes and regulations; and

9 (B) includes such other information and

10 assurances as the Secretary may require; and

11 (2) enter into a Memorandum of Understanding

12 with the Secretary that shall include—

13 (A) a timetable for the completion of con14 struction and the opening of the Memorial;

15 (B) assurances that construction contracts

16 will be competitively awarded;

17 (C) assurances that the State or Village of

18 Fort Sumner will make sufficient land available

19 for the Memorial;

20 (D) the specifications of the Memorial

21 which shall comply with all applicable Federal,

22 State, and local building codes and laws;

23 (E) arrangements for the operation and

24 maintenance of the Memorial upon completion

25 of construction;
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1 (F) a description of Memorial collections

2 and educational programming;

3 (G) a plan for the design of exhibits in4 cluding the collections to be exhibited, security,

5 preservation, protection, environmental controls,

6 and presentations in accordance with profes7 sional standards;

8 (H) an agreement with the Navajo Nation

9 and the Mescalero Tribe relative to the design

10 and location of the Memorial; and

11 (I) a financing plan developed by the State

12 that outlines the long-term management of the

13 Memorial, including—

14 (i) the acceptance and use of funds

15 derived from public and private sources to

16 minimize the use of appropriated or bor17 rowed funds;

18 (ii) the payment of the operating costs

19 of the Memorial through the assessment of

20 fees or other income generated by the Me21 morial;

22 (iii) a strategy for achieving financial

23 self-sufficiency with respect to the Memo24 rial by not later than 5 years after the

25 date of enactment of this Act; and
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1 (iv) a description of the business ac2 tivities that would be permitted at the Me3 morial and appropriate vendor standards

4 that would apply.

5 SEC. 206. AUTHORIZATION OF APPROPRIATIONS.

6 (a) IN GENERAL.—There are authorized to be appro7 priated to carry out this title—

8 (1) $1,000,000 for fiscal year 2000; and

9 (2) $500,000 for each of fiscal years 2001 and

10 2002.

11 (b) CARRYOVER.—Any funds made available under

12 this section that are unexpended at the end of the fiscal

13 year for which those funds are appropriated, shall remain

14 available for use by the Secretary through September 30,

15 2002 for the purposes for which those funds were made

16 available.

Passed the Senate November 19, 1999.

Attest: GARY SISCO,

Secretary.