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[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 964 Referred in House (RFH)]

  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.

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

       TITLE I--CHEYENNE RIVER SIOUX TRIBE EQUITABLE COMPENSATION

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Cheyenne River Sioux Tribe 
Equitable Compensation Act''.

SEC. 102. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds that--
            (1) by enacting the Act of December 22, 1944, (58 Stat. 
        887, chapter 665; 33 U.S.C. 701-1 et seq.), commonly known as 
        the ``Flood Control Act of 1944'', Congress approved the Pick-
        Sloan Missouri River Basin program (referred to in this section 
        as the ``Pick-Sloan program'')--
                    (A) to promote the general economic development of 
                the United States;
                    (B) to provide for irrigation above Sioux City, 
                Iowa;
                    (C) to protect urban and rural areas from 
                devastating floods of the Missouri River; and
                    (D) for other purposes;
            (2) the Oahe Dam and Reservoir project--
                    (A) is a major component of the Pick-Sloan program, 
                and contributes to the economy of the United States by 
                generating a substantial amount of hydropower and 
                impounding a substantial quantity of water;
                    (B) overlies the eastern boundary of the Cheyenne 
                River Sioux Indian Reservation; and
                    (C) has not only contributed little to the economy 
                of the Tribe, but has severely damaged the economy of 
                the Tribe and members of the Tribe by inundating the 
                fertile, wooded bottom lands of the Tribe along the 
                Missouri River that constituted the most productive 
                agricultural and pastoral lands of the Tribe and the 
                homeland of the members of the Tribe;
            (3) the Secretary of the Interior appointed a Joint Tribal 
        Advisory Committee that examined the Oahe Dam and Reservoir 
        project and concluded that--
                    (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
                    (B) the Tribe should be adequately compensated for 
                the land acquisition described in subparagraph (A);
            (4) after applying the same method of analysis as is used 
        for the compensation of similarly situated Indian tribes, the 
        Comptroller General of the United States (referred to in this 
        title as the ``Comptroller General'') determined that the 
        appropriate amount of compensation to pay the Tribe for the 
        land acquisition described in paragraph (3)(A) would be 
        $290,723,000;
            (5) the Tribe is entitled to receive additional financial 
        compensation for the land acquisition described in paragraph 
        (3)(A) in a manner consistent with the determination of the 
        Comptroller General described in paragraph (4); and
            (6) the establishment of a trust fund to make amounts 
        available to the Tribe under this title is consistent with the 
        principles of self-governance and self-determination.
    (b) Purposes.--The purposes of this title are as follows:
            (1) To provide for additional financial compensation to the 
        Tribe for the acquisition by the Federal Government of 104,492 
        acres of land of the Tribe for the Oahe Dam and Reservoir 
        project in a manner consistent with the determinations of the 
        Comptroller General described in subsection (a)(4).
            (2) To provide for the establishment of the Cheyenne River 
        Sioux Tribal Recovery Trust Fund, to be managed by the 
        Secretary of the Treasury in order to make payments to the 
        Tribe to carry out projects under a plan prepared by the Tribe.

SEC. 103. DEFINITIONS.

    In this title:
            (1) 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.
            (2) Tribal council.--The term ``Tribal Council'' means the 
        governing body of the Tribe.

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

    (a) Cheyenne River Sioux Tribal Recovery Trust Fund.--There is 
established in the Treasury of the United States a fund to be known as 
the ``Cheyenne River Sioux Tribal Recovery Trust Fund'' (referred to in 
this title as the ``Fund''). The Fund shall consist of any amounts 
deposited into the Fund under this title.
    (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 Treasury 
shall, from the General Fund of the Treasury, deposit into the Fund 
established under subsection (a)--
            (1) $290,722,958; and
            (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.
    (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 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.
    (d) Payment of Interest to Tribe.--
            (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.
            (2) Payments to tribe.--
                    (A) In general.--The Secretary of the Interior 
                shall use the amounts transferred under paragraph (1) 
                only for the purpose of making payments to the Tribe, 
                as such payments are requested by the Tribe pursuant to 
                tribal resolution.
                    (B) Limitation.--Payments may be made by the 
                Secretary of the Interior under subparagraph (A) only 
                after the Tribe has adopted a plan under subsection 
                (f).
                    (C) Use of payments by tribe.--The Tribe shall use 
                the payments made under subparagraph (B) only for 
                carrying out projects and programs under the plan 
                prepared under subsection (f).
    (e) Transfers and Withdrawals.--Except as provided in subsections 
(c) and (d)(1), the Secretary of the Treasury may not transfer or 
withdraw any amount deposited under subsection (b).
    (f) Plan.--
            (1) In general.--Not later than 18 months after the date of 
        enactment of this Act, the governing body of the Tribe shall 
        prepare a plan for the use of the payments to the Tribe under 
        subsection (d) (referred to in this subsection as the 
        ``plan'').
            (2) Contents of plan.--The plan shall provide for the 
        manner in which the Tribe shall expend payments to the Tribe 
        under subsection (d) to promote--
                    (A) economic development;
                    (B) infrastructure development;
                    (C) the educational, health, recreational, and 
                social welfare objectives of the Tribe and its members; 
                or
                    (D) any combination of the activities described in 
                subparagraphs (A) through (C).
            (3) Plan review and revision.--
                    (A) In general.--The Tribal Council shall make 
                available for review and comment by the members of the 
                Tribe a copy of the plan before the plan becomes final, 
                in accordance with procedures established by the Tribal 
                Council.
                    (B) Updating of plan.--The Tribal Council may, on 
                an annual basis, revise the plan to update the plan. In 
                revising the plan under this subparagraph, the Tribal 
                Council shall provide the members of the Tribe 
                opportunity to review and comment on any proposed 
                revision to the plan.
                    (C) Consultation.--In preparing the plan and any 
                revisions to update the plan, the Tribal Council shall 
                consult with the Secretary of the Interior and the 
                Secretary of Health and Human Services.
            (4) Audit.--
                    (A) In general.--The activities of the Tribe in 
                carrying out the plan shall be audited as part of the 
                annual single-agency audit that the Tribe is required 
                to prepare pursuant to the Office of Management and 
                Budget circular numbered A-133.
                    (B) Determination by auditors.--The auditors that 
                conduct the audit described in subparagraph (A) shall--
                            (i) determine whether funds received by the 
                        Tribe under this section for the period covered 
                        by the audit were expended to carry out the 
                        plan in a manner consistent with this section; 
                        and
                            (ii) include in the written findings of the 
                        audit the determination made under clause (i).
                    (C) Inclusion of findings with publication of 
                proceedings of tribal council.--A copy of the written 
                findings of the audit described in subparagraph (A) 
                shall be inserted in the published minutes of the 
                Tribal Council proceedings for the session at which the 
                audit is presented to the Tribal Council.
    (g) Prohibition on Per Capita Payments.--No portion of any payment 
made under this title may be distributed to any member of the Tribe on 
a per capita basis.

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

    No payment made to the Tribe under this title shall result in the 
reduction or denial of any service or program with respect to which, 
under Federal law--
            (1) the Tribe is otherwise entitled because of the status 
        of the Tribe as a federally recognized Indian tribe; or
            (2) any individual who is a member of the Tribe is entitled 
        because of the status of the individual as a member of the 
        Tribe.

SEC. 106. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such funds as may be 
necessary to cover the administrative expenses of the Fund.

SEC. 107. EXTINGUISHMENT OF CLAIMS.

    Upon 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.

                   TITLE II--BOSQUE REDONDO MEMORIAL

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Bosque Redondo Memorial Act''.

SEC. 202. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds that--
            (1) in 1863, the United States detained nearly 9,000 Navajo 
        and forced their migration across nearly 350 miles of land to 
        Bosque Redondo, a journey known as the ``Long Walk'';
            (2) Mescalero Apache people were also incarcerated at 
        Bosque Redondo;
            (3) the Navajo and Mescalero Apache people labored to plant 
        crops, dig irrigation ditches and build housing, but drought, 
        cutworms, hail, and alkaline Pecos River water created severe 
        living conditions for nearly 9,000 captives;
            (4) suffering and hardships endured by the Navajo and 
        Mescalero Apache people forged a new understanding of their 
        strengths as Americans;
            (5) the Treaty of 1868 was signed by the United States and 
        the Navajo tribes, recognizing the Navajo Nation as it exists 
        today;
            (6) the State of New Mexico has appropriated a total of 
        $123,000 for a planning study and for the design of the Bosque 
        Redondo Memorial;
            (7) individuals and businesses in DeBaca County donated 
        $6,000 toward the production of a brochure relating to the 
        Bosque Redondo Memorial;
            (8) the Village of Fort Sumner donated 70 acres of land to 
        the State of New Mexico contiguous to the existing 50 acres 
        comprising Fort Sumner State Monument, contingent on the 
        funding of the Bosque Redondo Memorial;
            (9) full architectural plans and the exhibit design for the 
        Bosque Redondo Memorial have been completed;
            (10) the Bosque Redondo Memorial project has the 
        encouragement of the President of the Navajo Nation and the 
        President of the Mescalero Apache Tribe, who have each 
        appointed tribal members to serve as project advisors;
            (11) the Navajo Nation, the Mescalero Tribe and the 
        National Park Service are collaborating to develop a symposium 
        on the Bosque Redondo Long Walk and a curriculum for inclusion 
        in the New Mexico school curricula;
            (12) an interpretive center would provide important 
        educational and enrichment opportunities for all Americans; and
            (13) Federal financial assistance is needed for the 
        construction of a Bosque Redondo Memorial.
    (b) Purposes.--The purposes of this title are as follows:
            (1) To commemorate the people who were interned at Bosque 
        Redondo.
            (2) To pay tribute to the native populations' ability to 
        rebound from suffering, and establish the strong, living 
        communities that have long been a major influence in the State 
        of New Mexico and in the United States.
            (3) To provide Americans of all ages a place to learn about 
        the Bosque Redondo experience and how it resulted in the 
        establishment of strong American Indian Nations from once 
        divergent bands.
            (4) To support the construction of the Bosque Redondo 
        Memorial commemorating the detention of the Navajo and 
        Mescalero Apache people at Bosque Redondo from 1863 to 1868.

 SEC. 203. DEFINITIONS.

    In this title:
            (1) Memorial.--The term ``Memorial'' means the building and 
        grounds known as the Bosque Redondo Memorial.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Defense.

 SEC. 204. BOSQUE REDONDO MEMORIAL

    (a) Establishment.-- Upon the request of the State of New Mexico, 
the Secretary is authorized to establish a Bosque Redondo Memorial 
within the boundaries of Fort Sumner State Monument in New Mexico. No 
memorial shall be established without the consent of the Navajo Nation 
and the Mescalero Tribe.
    (b) Components of the Memorial.--The memorial shall include--
            (1) exhibit space, a lobby area that represents design 
        elements from traditional Mescalero and Navajo dwellings, 
        administrative areas that include a resource room, library, 
        workrooms and offices, restrooms, parking areas, sidewalks, 
        utilities, and other visitor facilities;
            (2) a venue for public education programs; and
            (3) a location to commemorate the Long Walk of the Navajo 
        people and the healing that has taken place since that event

SEC. 205. CONSTRUCTION OF MEMORIAL.

    (a) Grant.--
            (1) In general.--The Secretary may award a grant to the 
        State of New Mexico to provide up to 50 percent of the total 
        cost of construction of the Memorial.
            (2) Non-federal share.--The non-Federal share of 
        construction costs for the Memorial shall include funds 
        previously expended by the State for the planning and design of 
        the Memorial, and funds previously expended by non-Federal 
        entities for the production of a brochure relating to the 
        Memorial.
    (b) Requirements.--To be eligible to receive a grant under this 
section, the State shall--
            (1) submit to the Secretary a proposal that--
                    (A) provides assurances that the Memorial will 
                comply with all applicable laws, including building 
                codes and regulations; and
                    (B) includes such other information and assurances 
                as the Secretary may require; and
            (2) enter into a Memorandum of Understanding with the 
        Secretary that shall include--
                    (A) a timetable for the completion of construction 
                and the opening of the Memorial;
                    (B) assurances that construction contracts will be 
                competitively awarded;
                    (C) assurances that the State or Village of Fort 
                Sumner will make sufficient land available for the 
                Memorial;
                    (D) the specifications of the Memorial which shall 
                comply with all applicable Federal, State, and local 
                building codes and laws;
                    (E) arrangements for the operation and maintenance 
                of the Memorial upon completion of construction;
                    (F) a description of Memorial collections and 
                educational programming;
                    (G) a plan for the design of exhibits including the 
                collections to be exhibited, security, preservation, 
                protection, environmental controls, and presentations 
                in accordance with professional standards;
                    (H) an agreement with the Navajo Nation and the 
                Mescalero Tribe relative to the design and location of 
                the Memorial; and
                    (I) a financing plan developed by the State that 
                outlines the long-term management of the Memorial, 
                including--
                            (i) the acceptance and use of funds derived 
                        from public and private sources to minimize the 
                        use of appropriated or borrowed funds;
                            (ii) the payment of the operating costs of 
                        the Memorial through the assessment of fees or 
                        other income generated by the Memorial;
                            (iii) a strategy for achieving financial 
                        self-sufficiency with respect to the Memorial 
                        by not later than 5 years after the date of 
                        enactment of this Act; and
                            (iv) a description of the business 
                        activities that would be permitted at the 
                        Memorial and appropriate vendor standards that 
                        would apply.

SEC. 206. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated to carry 
out this title--
            (1) $1,000,000 for fiscal year 2000; and
            (2) $500,000 for each of fiscal years 2001 and 2002.
    (b) Carryover.--Any funds made available under this section that 
are unexpended at the end of the fiscal year for which those funds are 
appropriated, shall remain available for use by the Secretary through 
September 30, 2002 for the purposes for which those funds were made 
available.

            Passed the Senate November 19, 1999.

            Attest:

                                                    GARY SISCO,

                                                             Secretary.
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