II

106TH CONGRESS

1ST SESSION S. 964

To provide for equitable compensation for the Cheyenne River Sioux Tribe,

and for other purposes.

IN THE SENATE OF THE UNITED STATES

MAY 5, 1999

Mr. DASCHLE introduced the following bill; which was read twice and referred

to the Committee on Indian Affairs

A BILL

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 SECTION 1. SHORT TITLE.

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

5 Tribe Equitable Compensation Act’’.

6 SEC. 2. FINDINGS AND PURPOSES.

7 (a) FINDINGS.—Congress finds that—

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

9 (58 Stat. 887, chapter 665; 33 U.S.C. 701–1 et

10 seq.), commonly known as the ‘‘Flood Control Act of
2

•S 964 IS

1 1944’’, Congress approved the Pick-Sloan Missouri

2 River Basin program (referred to in this section as

3 the ‘‘Pick-Sloan program’’)—

4 (A) to promote the general economic devel5 opment of the United States;

6 (B) to provide for irrigation above Sioux

7 City, Iowa;

8 (C) to protect urban and rural areas from

9 devastating floods of the Missouri River; and

10 (D) for other purposes;

11 (2) the Oahe Dam and Reservoir project—

12 (A) is a major component of the Pick13 Sloan program, and contributes to the economy

14 of the United States by generating a substan15 tial amount of hydropower and impounding a

16 substantial quantity of water;

17 (B) overlies the eastern boundary of the

18 Cheyenne River Sioux Indian Reservation; and

19 (C) has not only contributed little to the

20 economy of the Tribe, but has severely damaged

21 the economy of the Tribe and members of the

22 Tribe by inundating the fertile, wooded bottom

23 lands of the Tribe along the Missouri River that

24 constituted the most productive agricultural
3

•S 964 IS

1 and pastoral lands of the Tribe and the home2 land of the members of the Tribe;

3 (3) the Secretary of the Interior appointed a

4 Joint Tribal Advisory Committee that examined the

5 Oahe Dam and Reservoir project and correctly con6 cluded that—

7 (A) the Federal Government did not jus8 tify, or fairly compensate the Tribe for, the

9 Oahe Dam and Reservoir project when the Fed10 eral Government acquired 104,492 acres of land

11 of the Tribe for that project; and

12 (B) the Tribe should be adequately com13 pensated for the land acquisition described in

14 subparagraph (A);

15 (4) after applying the same method of analysis

16 as is used for the compensation of similarly situated

17 Indian tribes, the Comptroller General of the United

18 States (referred to in this Act as the ‘‘Comptroller

19 General’’) determined that the appropriate amount

20 of compensation to pay the Tribe for the land acqui21 sition described in paragraph (3)(A) would be

22 $290,722,958;

23 (5) the Tribe is entitled to receive additional fi24 nancial compensation for the land acquisition de25 scribed in paragraph (3)(A) in a manner consistent
4

•S 964 IS

1 with the determination of the Comptroller General

2 described in paragraph (4); and

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

4 amounts available to the Tribe under this Act is con5 sistent with the principles of self-governance and

6 self-determination.

7 (b) PURPOSES.—The purposes of this Act are as fol8 lows:

9 (1) To provide for additional financial com10 pensation to the Tribe for the acquisition by the

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

12 Tribe for the Oahe Dam and Reservoir project in a

13 manner consistent with the determinations of the

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

15 (2) To provide for the establishment of the

16 Cheyenne River Sioux Tribal Recovery Fund, to be

17 managed by the Secretary of the Treasury in order

18 to make payments to the Tribe to carry out projects

19 under a plan prepared by the Tribe.

20 SEC. 3. DEFINITIONS.

21 In this Act:

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

23 Cheyenne River Sioux Tribe, which is comprised of

24 the Itazipco, Siha Sapa, Minniconjou, and

25 Oohenumpa bands of the Great Sioux Nation that
5

•S 964 IS

1 reside on the Cheyenne Reservation, located in cen2 tral South Dakota.

3 (2) TRIBAL COUNCIL.—The term ‘‘Tribal Coun4 cil’’ means the governing body of the Tribe.

5 SEC. 4. CHEYENNE RIVER SIOUX TRIBAL RECOVERY TRUST

6 FUND.

7 (a) CHEYENNE RIVER SIOUX TRIBAL RECOVERY

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

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

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

11 this Act as the ‘‘Fund’’). The Fund shall consist of any

12 amounts deposited into the Fund under this Act.

13 (b) FUNDING.—Out of any money in the Treasury

14 not otherwise appropriated, the Secretary of the Treasury

15 shall deposit $290,722,958 into the Fund not later than

16 60 days after the date of enactment of this Act.

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

18 duty of the Secretary of the Treasury to invest such por19 tion of the Fund as is not, in the Secretary of Treasury’s

20 judgment, required to meet current withdrawals. Such in21 vestments may be made only in interest-bearing obliga22 tions of the United States or in obligations guaranteed as

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

24 Secretary of the Treasury shall deposit interest resulting

25 from such investments into the Fund.
6

•S 964 IS

1 (d) PAYMENT OF INTEREST TO TRIBE.—

2 (1) IN GENERAL.—

3 (A) WITHDRAWAL OF INTEREST.—Begin4 ning at the end of the first fiscal year in which

5 interest is deposited into the Fund, the Sec6 retary of the Treasury shall withdraw the appli7 cable percentage amount of the aggregate

8 amount of interest deposited into the Fund for

9 that fiscal year (as determined under subpara10 graph (B)) and transfer that amount to the

11 Secretary of the Interior for use in accordance

12 with paragraph (2). Each amount so trans13 ferred shall be available without fiscal year limi14 tation.

15 (B) APPLICABLE PERCENTAGE

16 AMOUNTS.—The applicable percentage amount

17 referred to in subparagraph (A) shall be as fol18 lows:

19 (i) 10 percent for the first fiscal year

20 for which interest is deposited into the

21 Fund.

22 (ii) 20 percent for the 2d such fiscal

23 year.

24 (iii) 30 percent for the 3rd such fiscal

25 year.
7

•S 964 IS

1 (iv) 40 percent for the 4th such fiscal

2 year.

3 (v) 50 percent for the 5th such fiscal

4 year.

5 (vi) 60 percent for the 6th such fiscal

6 year.

7 (vii) 70 percent for the 7th such fiscal

8 year.

9 (viii) 80 percent for the 8th such fis10 cal year.

11 (ix) 90 percent for the 9th such fiscal

12 year.

13 (x) 100 percent for the 10th such fis14 cal year, and for each such fiscal year

15 thereafter.

16 (2) PAYMENTS TO TRIBE.—

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

18 Interior shall use the amounts transferred

19 under paragraph (1) only for the purpose of

20 making payments to the Tribe, as such pay21 ments are requested by the Tribe pursuant to

22 tribal resolution.

23 (B) LIMITATION.—Payments may be made

24 by the Secretary of the Interior under subpara-
8

•S 964 IS

1 graph (A) only after the Tribe has adopted a

2 plan under subsection (f).

3 (C) USE OF PAYMENTS BY TRIBE.—The

4 Tribe shall use the payments made under sub5 paragraph (B) only for carrying out projects

6 and programs under the plan prepared under

7 subsection (f).

8 (D) PLEDGE OF FUTURE PAYMENTS.—

9 (i) IN GENERAL.—Subject to clause

10 (ii), the Tribe may enter into an agreement

11 under which the Tribe pledges future pay12 ments under this paragraph as security for

13 a loan or other financial transaction.

14 (ii) LIMITATIONS.—The Tribe—

15 (I) may enter into an agreement

16 under clause (i) only in connection

17 with the purchase of land or other

18 capital assets; and

19 (II) may not pledge, for any year

20 under an agreement referred to in

21 clause (i), an amount greater than 40

22 percent of any payment under this

23 paragraph for that year.

24 (e) TRANSFERS AND WITHDRAWALS.—Except as

25 provided in subsections (c) and (d)(1), the Secretary of
9

•S 964 IS

1 the Treasury may not transfer or withdraw any amount

2 deposited under subsection (b).

3 (f) PLAN.—

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

5 after the date of enactment of this Act, the gov6 erning body of the Tribe shall prepare a plan for the

7 use of the payments to the Tribe under subsection

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

9 (2) CONTENTS OF PLAN.—The plan shall pro10 vide for the manner in which the Tribe shall expend

11 payments to the Tribe under subsection (d) to

12 promote—

13 (A) economic development;

14 (B) infrastructure development;

15 (C) the educational, health, recreational,

16 and social welfare objectives of the Tribe and

17 its members; or

18 (D) any combination of the activities de19 scribed in subparagraphs (A) through (C).

20 (3) PLAN REVIEW AND REVISION.—

21 (A) IN GENERAL.—The Tribal Council

22 shall make available for review and comment by

23 the members of the Tribe a copy of the plan be24 fore the plan becomes final, in accordance with

25 procedures established by the Tribal Council.
10

•S 964 IS

1 (B) UPDATING OF PLAN.—The Tribal

2 Council may, on an annual basis, revise the

3 plan to update the plan. In revising the plan

4 under this subparagraph, the Tribal Council

5 shall provide the members of the Tribe oppor6 tunity to review and comment on any proposed

7 revision to the plan.

8 (C) CONSULTATION.—In preparing the

9 plan and any revisions to update the plan, the

10 Tribal Council shall consult with the Secretary

11 of the Interior and the Secretary of Health and

12 Human Services.

13 (4) AUDIT.—

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

15 Tribe in carrying out the plan shall be audited

16 as part of the annual single-agency audit that

17 the Tribe is required to prepare pursuant to the

18 Office of Management and Budget circular

19 numbered A–133.

20 (B) DETERMINATION BY AUDITORS.—The

21 auditors that conduct the audit described in

22 subparagraph (A) shall—

23 (i) determine whether funds received

24 by the Tribe under this section for the pe25 riod covered by the audit were expended to
11

•S 964 IS

1 carry out the plan in a manner consistent

2 with this section; and

3 (ii) include in the written findings of

4 the audit the determination made under

5 clause (i).

6 (C) INCLUSION OF FINDINGS WITH PUBLI7 CATION OF PROCEEDINGS OF TRIBAL COUN8 CIL.—A copy of the written findings of the

9 audit described in subparagraph (A) shall be in10 serted in the published minutes of the Tribal

11 Council proceedings for the session at which the

12 audit is presented to the Tribal Council.

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

14 portion of any payment made under this Act may be dis15 tributed to any member of the Tribe on a per capita basis.

16 SEC. 5. ELIGIBILITY OF TRIBE FOR CERTAIN PROGRAMS

17 AND SERVICES.

18 No payment made to the Tribe under this Act shall

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

20 with respect to which, under Federal law—

21 (1) the Tribe is otherwise entitled because of

22 the status of the Tribe as a federally recognized In23 dian tribe; or
12

•S 964 IS

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

2 is entitled because of the status of the individual as

3 a member of the Tribe.

4 SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

5 There are authorized to be appropriated such funds

6 as may be necessary to carry out this Act, including such

7 funds as may be necessary to cover the administrative ex8 penses of the Fund.

Æ