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Union Calendar No. 568

106TH CONGRESS

2D SESSION S. 964

[Report No. 106–944]

IN THE HOUSE OF REPRESENTATIVES

JANUARY 27, 2000

Referred to the Committee on Resources

OCTOBER 6, 2000

Committed to the Committee of the Whole House on the State of the Union

and ordered to be printed

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,

3 TITLE I—CHEYENNE RIVER

4 SIOUX TRIBE EQUITABLE

5 COMPENSATION

6 SEC. 101. SHORT TITLE.

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

8 Tribe Equitable Compensation Act’’.
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1 SEC. 102. FINDINGS AND PURPOSES.

2 (a) FINDINGS.—Congress finds that—

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

4 (58 Stat. 887, chapter 665; 33 U.S.C. 701–1 et

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

6 1944’’, Congress approved the Pick-Sloan Missouri

7 River Basin program (referred to in this section as

8 the ‘‘Pick-Sloan program’’)—

9 (A) to promote the general economic devel10 opment of the United States;

11 (B) to provide for irrigation above Sioux

12 City, Iowa;

13 (C) to protect urban and rural areas from

14 devastating floods of the Missouri River; and

15 (D) for other purposes;

16 (2) the Oahe Dam and Reservoir project—

17 (A) is a major component of the Pick18 Sloan program, and contributes to the economy

19 of the United States by generating a substan20 tial amount of hydropower and impounding a

21 substantial quantity of water;

22 (B) overlies the eastern boundary of the

23 Cheyenne River Sioux Indian Reservation; and

24 (C) has not only contributed little to the

25 economy of the Tribe, but has severely damaged

26 the economy of the Tribe and members of the
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1 Tribe by inundating the fertile, wooded bottom

2 lands of the Tribe along the Missouri River that

3 constituted the most productive agricultural

4 and pastoral lands of the Tribe and the home5 land of the members of the Tribe;

6 (3) the Secretary of the Interior appointed a

7 Joint Tribal Advisory Committee that examined the

8 Oahe Dam and Reservoir project and concluded

9 that—

10 (A) the Federal Government did not jus11 tify, or fairly compensate the Tribe for, the

12 Oahe Dam and Reservoir project when the Fed13 eral Government acquired 104,492 acres of land

14 of the Tribe for that project; and

15 (B) the Tribe should be adequately com16 pensated for the land acquisition described in

17 subparagraph (A);

18 (4) after applying the same method of analysis

19 as is used for the compensation of similarly situated

20 Indian tribes, the Comptroller General of the United

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

22 General’’) determined that the appropriate amount

23 of compensation to pay the Tribe for the land acqui24 sition described in paragraph (3)(A) would be

25 $290,723,000;
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1 (5) the Tribe is entitled to receive additional fi2 nancial compensation for the land acquisition de3 scribed in paragraph (3)(A) in a manner consistent

4 with the determination of the Comptroller General

5 described in paragraph (4); and

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

7 amounts available to the Tribe under this title is

8 consistent with the principles of self-governance and

9 self-determination.

10 (b) PURPOSES.—The purposes of this title are as fol11 lows:

12 (1) To provide for additional financial com13 pensation to the Tribe for the acquisition by the

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

15 Tribe for the Oahe Dam and Reservoir project in a

16 manner consistent with the determinations of the

17 Comptroller General described in subsection (a)(4).

18 (2) To provide for the establishment of the

19 Cheyenne River Sioux Tribal Recovery Trust Fund,

20 to be managed by the Secretary of the Treasury in

21 order to make payments to the Tribe to carry out

22 projects under a plan prepared by the Tribe.

23 SEC. 103. DEFINITIONS.

24 In this title:
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1 (1) TRIBE.—The term ‘‘Tribe’’ means the

2 Cheyenne River Sioux Tribe, which is comprised of

3 the Itazipco, Siha Sapa, Minniconjou, and

4 Oohenumpa bands of the Great Sioux Nation that

5 reside on the Cheyenne River Reservation, located in

6 central South Dakota.

7 (2) TRIBAL COUNCIL.—The term ‘‘Tribal Coun8 cil’’ means the governing body of the Tribe.

9 SEC. 104. CHEYENNE RIVER SIOUX TRIBAL RECOVERY

10 TRUST FUND.

11 (a) CHEYENNE RIVER SIOUX TRIBAL RECOVERY

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

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

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

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

16 amounts deposited into the Fund under this title.

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

18 year that begins after the date of enactment of this Act,

19 the Secretary of the Treasury shall, from the General

20 Fund of the Treasury, deposit into the Fund established

21 under subsection (a)—

22 (1) $290,722,958; and

23 (2) an additional amount that equals the

24 amount of interest that would have accrued on the

25 amount described in paragraph (1) if such amount
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1 had been invested in interest-bearing obligations of

2 the United States, or in obligations guaranteed as

3 to both principal and interest by the United States,

4 on the first day of the first fiscal year that begins

5 after the date of enactment of this Act and com6 pounded annually thereafter.

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

8 duty of the Secretary of the Treasury to invest such por9 tion of the Fund as is not, in the Secretary of Treasury’s

10 judgment, required to meet current withdrawals. Such in11 vestments may be made only in interest-bearing obliga12 tions of the United States or in obligations guaranteed as

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

14 Secretary of the Treasury shall deposit interest resulting

15 from such investments into the Fund.

16 (d) PAYMENT OF INTEREST TO TRIBE.—

17 (1) WITHDRAWAL OF INTEREST.—Beginning on

18 the first day of the 11th fiscal year after the date

19 of enactment of this Act and, on the first day of

20 each fiscal year thereafter, the Secretary of the

21 Treasury shall withdraw the aggregate amount of in22 terest deposited into the Fund for that fiscal year

23 and transfer that amount to the Secretary of the In24 terior for use in accordance with paragraph (2).
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1 Each amount so transferred shall be available with2 out fiscal year limitation.

3 (2) PAYMENTS TO TRIBE.—

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

5 Interior shall use the amounts transferred

6 under paragraph (1) only for the purpose of

7 making payments to the Tribe, as such pay8 ments are requested by the Tribe pursuant to

9 tribal resolution.

10 (B) LIMITATION.—Payments may be made

11 by the Secretary of the Interior under subpara12 graph (A) only after the Tribe has adopted a

13 plan under subsection (f).

14 (C) USE OF PAYMENTS BY TRIBE.—The

15 Tribe shall use the payments made under sub16 paragraph (B) only for carrying out projects

17 and programs under the plan prepared under

18 subsection (f).

19 (e) TRANSFERS AND WITHDRAWALS.—Except as

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

21 the Treasury may not transfer or withdraw any amount

22 deposited under subsection (b).

23 (f) PLAN.—

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

25 after the date of enactment of this Act, the gov-
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1 erning body of the Tribe shall prepare a plan for the

2 use of the payments to the Tribe under subsection

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

4 (2) CONTENTS OF PLAN.—The plan shall pro5 vide for the manner in which the Tribe shall expend

6 payments to the Tribe under subsection (d) to

7 promote—

8 (A) economic development;

9 (B) infrastructure development;

10 (C) the educational, health, recreational,

11 and social welfare objectives of the Tribe and

12 its members; or

13 (D) any combination of the activities de14 scribed in subparagraphs (A) through (C).

15 (3) PLAN REVIEW AND REVISION.—

16 (A) IN GENERAL.—The Tribal Council

17 shall make available for review and comment by

18 the members of the Tribe a copy of the plan be19 fore the plan becomes final, in accordance with

20 procedures established by the Tribal Council.

21 (B) UPDATING OF PLAN.—The Tribal

22 Council may, on an annual basis, revise the

23 plan to update the plan. In revising the plan

24 under this subparagraph, the Tribal Council

25 shall provide the members of the Tribe oppor-
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1 tunity to review and comment on any proposed

2 revision to the plan.

3 (C) CONSULTATION.—In preparing the

4 plan and any revisions to update the plan, the

5 Tribal Council shall consult with the Secretary

6 of the Interior and the Secretary of Health and

7 Human Services.

8 (4) AUDIT.—

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

10 Tribe in carrying out the plan shall be audited

11 as part of the annual single-agency audit that

12 the Tribe is required to prepare pursuant to the

13 Office of Management and Budget circular

14 numbered A–133.

15 (B) DETERMINATION BY AUDITORS.—The

16 auditors that conduct the audit described in

17 subparagraph (A) shall—

18 (i) determine whether funds received

19 by the Tribe under this section for the pe20 riod covered by the audit were expended to

21 carry out the plan in a manner consistent

22 with this section; and

23 (ii) include in the written findings of

24 the audit the determination made under

25 clause (i).
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1 (C) INCLUSION OF FINDINGS WITH PUBLI2 CATION OF PROCEEDINGS OF TRIBAL COUN3 CIL.—A copy of the written findings of the

4 audit described in subparagraph (A) shall be in5 serted in the published minutes of the Tribal

6 Council proceedings for the session at which the

7 audit is presented to the Tribal Council.

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

9 portion of any payment made under this title may be dis10 tributed to any member of the Tribe on a per capita basis.

11 SEC. 105. ELIGIBILITY OF TRIBE FOR CERTAIN PROGRAMS

12 AND SERVICES.

13 No payment made to the Tribe under this title shall

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

15 with respect to which, under Federal law—

16 (1) the Tribe is otherwise entitled because of

17 the status of the Tribe as a federally recognized In18 dian tribe; or

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

20 is entitled because of the status of the individual as

21 a member of the Tribe.

22 SEC. 106. AUTHORIZATION OF APPROPRIATIONS.

23 There are authorized to be appropriated such funds

24 as may be necessary to cover the administrative expenses

25 of the Fund.
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1 SEC. 107. EXTINGUISHMENT OF CLAIMS.

2 Upon the deposit of funds (together with interest)

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

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

5 for the taking, by the United States, of the land and prop6 erty of the Tribe for the Oahe Dam and Reservoir Project

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

8 extinguished.

9 TITLE II—BOSQUE REDONDO

10 MEMORIAL

11 SEC. 201. SHORT TITLE.

12 This title may be cited as the ‘‘Bosque Redondo Me13 morial Act’’.

14 SEC. 202. FINDINGS AND PURPOSES.

15 (a) FINDINGS.—Congress finds that—

16 (1) in 1863, the United States detained nearly

17 9,000 Navajo and forced their migration across

18 nearly 350 miles of land to Bosque Redondo, a jour19 ney known as the ‘‘Long Walk’’;

20 (2) Mescalero Apache people were also incarcer21 ated at Bosque Redondo;

22 (3) the Navajo and Mescalero Apache people la23 bored to plant crops, dig irrigation ditches and build

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

25 Pecos River water created severe living conditions

26 for nearly 9,000 captives;
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1 (4) suffering and hardships endured by the

2 Navajo and Mescalero Apache people forged a new

3 understanding of their strengths as Americans;

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

5 United States and the Navajo tribes, recognizing the

6 Navajo Nation as it exists today;

7 (6) the State of New Mexico has appropriated

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

9 design of the Bosque Redondo Memorial;

10 (7) individuals and businesses in DeBaca Coun11 ty donated $6,000 toward the production of a bro12 chure relating to the Bosque Redondo Memorial;

13 (8) the Village of Fort Sumner donated 70

14 acres of land to the State of New Mexico contiguous

15 to the existing 50 acres comprising Fort Sumner

16 State Monument, contingent on the funding of the

17 Bosque Redondo Memorial;

18 (9) full architectural plans and the exhibit de19 sign for the Bosque Redondo Memorial have been

20 completed;

21 (10) the Bosque Redondo Memorial project has

22 the encouragement of the President of the Navajo

23 Nation and the President of the Mescalero Apache

24 Tribe, who have each appointed tribal members to

25 serve as project advisors;
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1 (11) the Navajo Nation, the Mescalero Tribe

2 and the National Park Service are collaborating to

3 develop a symposium on the Bosque Redondo Long

4 Walk and a curriculum for inclusion in the New

5 Mexico school curricula;

6 (12) an interpretive center would provide im7 portant educational and enrichment opportunities

8 for all Americans; and

9 (13) Federal financial assistance is needed for

10 the construction of a Bosque Redondo Memorial.

11 (b) PURPOSES.—The purposes of this title are as fol12 lows:

13 (1) To commemorate the people who were in14 terned at Bosque Redondo.

15 (2) To pay tribute to the native populations’

16 ability to rebound from suffering, and establish the

17 strong, living communities that have long been a

18 major influence in the State of New Mexico and in

19 the United States.

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

21 learn about the Bosque Redondo experience and how

22 it resulted in the establishment of strong American

23 Indian Nations from once divergent bands.

24 (4) To support the construction of the Bosque

25 Redondo Memorial commemorating the detention of
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1 the Navajo and Mescalero Apache people at Bosque

2 Redondo from 1863 to 1868.

3 SEC. 203. DEFINITIONS.

4 In this title:

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

6 the building and grounds known as the Bosque Re7 dondo Memorial.

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

9 the Secretary of Defense.

10 SEC. 204. BOSQUE REDONDO MEMORIAL

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

12 State of New Mexico, the Secretary is authorized to estab13 lish a Bosque Redondo Memorial within the boundaries

14 of Fort Sumner State Monument in New Mexico. No me15 morial shall be established without the consent of the Nav16 ajo Nation and the Mescalero Tribe.

17 (b) COMPONENTS OF THE MEMORIAL.—The memo18 rial shall include—

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

20 design elements from traditional Mescalero and Nav21 ajo dwellings, administrative areas that include a re22 source room, library, workrooms and offices, rest23 rooms, parking areas, sidewalks, utilities, and other

24 visitor facilities;

25 (2) a venue for public education programs; and
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1 (3) a location to commemorate the Long Walk

2 of the Navajo people and the healing that has taken

3 place since that event

4 SEC. 205. CONSTRUCTION OF MEMORIAL.

5 (a) GRANT.—

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

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

8 50 percent of the total cost of construction of the

9 Memorial.

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

11 share of construction costs for the Memorial shall in12 clude funds previously expended by the State for the

13 planning and design of the Memorial, and funds pre14 viously expended by non-Federal entities for the pro15 duction of a brochure relating to the Memorial.

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

17 grant under this section, the State shall—

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

19 (A) provides assurances that the Memorial

20 will comply with all applicable laws, including

21 building codes and regulations; and

22 (B) includes such other information and

23 assurances as the Secretary may require; and

24 (2) enter into a Memorandum of Understanding

25 with the Secretary that shall include—
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1 (A) a timetable for the completion of con2 struction and the opening of the Memorial;

3 (B) assurances that construction contracts

4 will be competitively awarded;

5 (C) assurances that the State or Village of

6 Fort Sumner will make sufficient land available

7 for the Memorial;

8 (D) the specifications of the Memorial

9 which shall comply with all applicable Federal,

10 State, and local building codes and laws;

11 (E) arrangements for the operation and

12 maintenance of the Memorial upon completion

13 of construction;

14 (F) a description of Memorial collections

15 and educational programming;

16 (G) a plan for the design of exhibits in17 cluding the collections to be exhibited, security,

18 preservation, protection, environmental controls,

19 and presentations in accordance with profes20 sional standards;

21 (H) an agreement with the Navajo Nation

22 and the Mescalero Tribe relative to the design

23 and location of the Memorial; and
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1 (I) a financing plan developed by the State

2 that outlines the long-term management of the

3 Memorial, including—

4 (i) the acceptance and use of funds

5 derived from public and private sources to

6 minimize the use of appropriated or bor7 rowed funds;

8 (ii) the payment of the operating costs

9 of the Memorial through the assessment of

10 fees or other income generated by the Me11 morial;

12 (iii) a strategy for achieving financial

13 self-sufficiency with respect to the Memo14 rial by not later than 5 years after the

15 date of enactment of this Act; and

16 (iv) a description of the business ac17 tivities that would be permitted at the Me18 morial and appropriate vendor standards

19 that would apply.

20 SEC. 206. AUTHORIZATION OF APPROPRIATIONS.

21 (a) IN GENERAL.—There are authorized to be appro22 priated to carry out this title—

23 (1) $1,000,000 for fiscal year 2000; and

24 (2) $500,000 for each of fiscal years 2001 and

25 2002.
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1 (b) CARRYOVER.—Any funds made available under

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

3 year for which those funds are appropriated, shall remain

4 available for use by the Secretary through September 30,

5 2002 for the purposes for which those funds were made

6 available.

Passed the Senate November 19, 1999.

Attest: GARY SISCO,

Secretary.

Union Calendar No. 568

106TH CONGRESS

2D SESSION S. 964

[Report No. 106–944]

AN ACT

To provide for equitable compensation for the

Cheyenne River Sioux Tribe, and for other purposes.

OCTOBER 6, 2000

Committed to the Committee of the Whole House on the

State of the Union and ordered to be printed