IB 

Union Calendar No. 77 

110TH CONGRESS 

1ST SESSION H. R. 487 

[Report No. 110–128] 

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. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 16, 2007 

Ms. HERSETH introduced the following bill; which was referred to the 

Committee on Natural Resources 

MAY 7, 2007 

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

and ordered to be printed 

A BILL 

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, 


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1 SECTION 1. SHORT TITLE. 

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

3 Tribe Equitable Compensation Amendments Act of 2007’’. 

4 SEC. 2. FINDINGS. 

5 (a) FINDINGS.—Congress finds that— 

6 (1) the Pick-Sloan Missouri River Basin pro7 gram, authorized by section 9 of the Act of Decem8 ber 22, 1944 (commonly known as the ‘‘Flood Con9 trol Act of 1944’’) (58 Stat. 891), was intended to 

10 promote the general economic development of the 

11 United States; 

12 (2) the Oahe Dam and Reservoir Project— 

13 (A) is a major component of the Pick14 Sloan Missouri River Basin program; and 

15 (B) contributes to the national economy; 

16 (3) the Oahe Dam and Reservoir Project flood17 ed the fertile bottom land of the Cheyenne River 

18 Sioux Reservation, which greatly damaged the econ19 omy and cultural resources of the Cheyenne River 

20 Sioux Tribe and caused the loss of many homes and 

21 communities of members of the Tribe; 

22 (4) Congress has provided compensation to sev23 eral Indian tribes, including the Cheyenne River 

24 Sioux Tribe, that border the Missouri River and suf25 fered injury as a result of 1 or more of the Pick26 Sloan projects; 


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1 (5) on determining that the compensation paid 

2 to the Cheyenne River Sioux Tribe was inadequate, 

3 Congress enacted the Cheyenne River Sioux Tribe 

4 Equitable Compensation Act (Public Law 106–511; 

5 114 Stat. 2365), which created the Cheyenne River 

6 Sioux Tribal Recovery Trust Fund; and 

7 (6) that Act did not provide for additional com8 pensation to members of the Cheyenne River Sioux 

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

10 and Reservoir Project. 

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

12 (1) to provide that the Cheyenne River Sioux 

13 Tribal Recovery Trust Fund may be used to provide 

14 compensation to members of the Cheyenne River 

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

16 Dam and Reservoir Project; and 

17 (2) to provide for the capitalization of the Chey18 enne River Sioux Tribal Recovery Trust Fund. 

19 SEC. 3. CHEYENNE RIVER SIOUX TRIBE EQUITABLE COM20 PENSATION. 

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

22 Cheyenne River Sioux Tribe Equitable Compensation Act 

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

24 (1) in subsection (a)(3), by striking subpara25 graphs (A) and (B) and inserting the following: 


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

2 fairly compensate the Tribe and member land3 owners for the Oahe Dam and Reservation 

4 project, under which the United States acquired 

5 104,492 acres of land of the Tribe and member 

6 landowners; and 

7 ‘‘(B) the Tribe and member landowners 

8 should be adequately compensated for that 

9 land;’’; and 

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

11 member landowners’’ after ‘‘Tribe’’ each place it ap12 pears. 

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

14 River Sioux Tribe Equitable Compensation Act (Public 

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

16 (1) by redesignating paragraph (1) as para17 graph (3) and moving the paragraph so as to appear 

18 after paragraph (2); and 

19 (2) by inserting before paragraph (2) the fol20 lowing: 

21 ‘‘(1) MEMBER LANDOWNER.—The term ‘mem22 ber landowner’ means a member of the Tribe (or an 

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

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

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


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1 River Sioux Reservation that was acquired by the 

2 United States for the Oahe Dam and Reservoir 

3 Project.’’. 

4 (c) CHEYENNE RIVER SIOUX TRIBAL RECOVERY

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

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

7 114 Stat. 2365) is amended— 

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

9 following: 

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

11 beginning after the date of enactment of the Cheyenne 

12 River Sioux Tribe Equitable Compensation Amendments 

13 Act of 2007 and on the first day of each of the following 

14 4 fiscal years (referred to in this section as the ‘capitaliza15 tion dates’), the Secretary of the Treasury shall deposit 

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

17 Treasury— 

18 ‘‘(1) $58,144,591.60; and 

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

20 of interest that would have accrued if— 

21 ‘‘(A) the amount described in paragraph 

22 (1) had been— 

23 ‘‘(i) credited to the principal account 

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


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1 on the first day of the fiscal year beginning 

2 October 1, 2001; and 

3 ‘‘(ii) invested as described in sub4 section (c)(2)(C) during the period begin5 ning on the date described in clause (i) 

6 and ending on the last day of the fiscal 

7 year before the fiscal year in which that 

8 amount is deposited into the Fund; and 

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

10 under subparagraph (A) during the period de11 scribed in subparagraph (A)(ii) had been— 

12 ‘‘(i) credited to the interest account 

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

14 ‘‘(ii) invested during that period in ac15 cordance with subsection (c)(2)(D)(i).’’; 

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

17 following: 

18 ‘‘(c) INVESTMENTS.— 

19 ‘‘(1) ELIGIBLE OBLIGATIONS.—Notwith20 standing any other provision of law, the Secretary of 

21 the Treasury shall invest the Fund only in interest22 bearing obligations of the United States issued di23 rectly to the Fund. 

24 ‘‘(2) INVESTMENT REQUIREMENTS.— 


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

2 Treasury shall invest the Fund in accordance 

3 with this paragraph. 

4 ‘‘(B) SEPARATE INVESTMENTS OF PRIN5 CIPAL AND INTEREST.— 

6 ‘‘(i) PRINCIPAL ACCOUNT.—The 

7 amounts deposited into the Fund under 

8 subsection (b)(1) shall be— 

9 ‘‘(I) credited to a principal ac10 count within the Fund (referred to in 

11 this paragraph as the ‘principal ac12 count’); and 

13 ‘‘(II) invested in accordance with 

14 subparagraph (C). 

15 ‘‘(ii) INTEREST ACCOUNT.— 

16 ‘‘(I) IN GENERAL.—The interest 

17 earned from investing amounts in the 

18 principal account shall be— 

19 ‘‘(aa) transferred to a sepa20 rate interest account within the 

21 Fund (referred to in this para22 graph as the ‘interest account’); 

23 and 

24 ‘‘(bb) invested in accordance 

25 with subparagraph (D). 


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1 ‘‘(II) CREDITING.—The interest 

2 earned from investing amounts in the 

3 interest account, and the amounts de4 posited into the Fund under sub5 section (b)(2), shall be credited to the 

6 interest account. 

7 ‘‘(C) INVESTMENT OF PRINCIPAL AC8 COUNT.— 

9 ‘‘(i) INITIAL INVESTMENT.—Amounts 

10 in the principal account shall be initially 

11 invested in eligible obligations with the 

12 shortest available maturity. 

13 ‘‘(ii) SUBSEQUENT INVESTMENTS.— 

14 ‘‘(I) IN GENERAL.—On the date 

15 on which the amount in the principal 

16 account is divisible into 3 substan17 tially equal portions, each portion 

18 shall be invested in eligible obligations 

19 that are identical (except for transfer20 ability) to the next-issued publicly21 issued Treasury obligations having a 

22 2-year maturity, a 5-year maturity, 

23 and a 10-year maturity, respectively. 

24 ‘‘(II) MATURITY OF OBLIGA25 TIONS.—As each 2-year, 5-year, and 


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1 10-year eligible obligation under sub2 clause (I) matures, the principal of 

3 the maturing eligible obligation shall 

4 be initially invested in accordance with 

5 clause (i) until the date on which the 

6 principal is reinvested substantially 

7 equally in the eligible obligations that 

8 are identical (except for transfer9 ability) to the next-issued publicly10 issued Treasury obligations having 2- 

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

12 ‘‘(iii) DISCONTINUATION OF ISSUANCE

13 OF OBLIGATIONS.—If the Department of 

14 the Treasury discontinues issuing to the 

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

16 10-year maturities, the principal of any 

17 maturing eligible obligation shall be rein18 vested substantially equally in available eli19 gible obligations that are identical (except 

20 for transferability) to the next-issued pub21 licly-issued Treasury obligations with ma22 turities of longer than 1 year. 

23 ‘‘(D) INVESTMENT OF INTEREST AC24 COUNT.— 


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1 ‘‘(i) BEFORE EACH CAPITALIZATION

2 DATE.—For purposes of subsection 

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

4 were in the interest account of the Fund 

5 shall be invested in eligible obligations that 

6 are identical (except for transferability) to 

7 publicly-issued Treasury obligations that 

8 have maturities that coincide, to the great9 est extent practicable, with the applicable 

10 capitalization date for the Fund. 

11 ‘‘(ii) ON AND AFTER EACH CAPITAL12 IZATION DATE.—On and after each capital13 ization date, amounts in the interest ac14 count shall be invested and reinvested in 

15 eligible obligations that are identical (ex16 cept for transferability) to publicly-issued 

17 Treasury obligations that have maturities 

18 that coincide, to the greatest extent prac19 ticable, with the date on which the 

20 amounts will be withdrawn by the Sec21 retary of the Treasury and transferred to 

22 the Secretary of the Interior for use in ac23 cordance with subsection (d). 

24 ‘‘(E) PAR PURCHASE PRICE.— 


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1 ‘‘(i) IN GENERAL.—To preserve in 

2 perpetuity the amount in the principal ac3 count, the purchase price of an eligible ob4 ligation purchased as an investment of the 

5 principal account shall not exceed the par 

6 value of the obligation. 

7 ‘‘(ii) TREATMENT.—At the maturity 

8 of an eligible obligation described in clause 

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

10 price of the eligible obligation shall be 

11 treated as interest paid at maturity. 

12 ‘‘(F) HOLDING TO MATURITY.—Eligible 

13 obligations purchased pursuant to this para14 graph shall be held to their maturities. 

15 ‘‘(3) ANNUAL REVIEW OF INVESTMENT ACTIVI16 TIES.—Not less frequently than once each calendar 

17 year, the Secretary of the Treasury shall review with 

18 the Tribe the results of the investment activities and 

19 financial status of the Fund during the preceding 

20 calendar year. 

21 ‘‘(4) MODIFICATIONS.— 

22 ‘‘(A) IN GENERAL.—If the Secretary of the 

23 Treasury determines that investing the Fund in 

24 accordance with paragraph (2) is not prac25 ticable or would result in adverse consequences 


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1 to the Fund, the Secretary of the Treasury 

2 shall modify the requirements to the least ex3 tent necessary, as determined by the Secretary 

4 of the Treasury. 

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

6 modification under subparagraph (A), the Sec7 retary of the Treasury shall consult with the 

8 Tribe with respect to the modification.’’; 

9 (3) in subsection (d), by striking paragraph (1) 

10 and inserting the following: 

11 ‘‘(1) WITHDRAWAL OF INTEREST.—Beginning 

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

13 date of enactment of the Cheyenne River Sioux 

14 Tribe Equitable Compensation Amendments Act of 

15 2007, and on the first day of each fiscal year there16 after, the Secretary of the Treasury shall withdraw 

17 and transfer all funds in the interest account of the 

18 Fund to the Secretary of the Interior for use in ac19 cordance with paragraph (2), to be available without 

20 fiscal year limitation.’’; and 

21 (4) in subsection (f)— 

22 (A) by redesignating paragraphs (3) and 

23 (4) as paragraphs (4) and (5), respectively; and 

24 (B) by inserting after paragraph (2) the 

25 following: 


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1 ‘‘(3) MEMBER LANDOWNERS.— 

2 ‘‘(A) ADDITIONAL COMPENSATION.— 

3 ‘‘(i) IN GENERAL.—Except as pro4 vided in clause (iii), the plan may provide 

5 for the payment of additional compensa6 tion to member landowners for acquisition 

7 of land by the United States for use in the 

8 Oahe Dam and Reservoir Project. 

9 ‘‘(ii) DETERMINATION OF HEIRS.—An 

10 heir of a member land owner shall be de11 termined pursuant to the applicable pro12 bate code of the Tribe. 

13 ‘‘(iii) EXCEPTION.—During any fiscal 

14 year, payments of additional compensation 

15 to a member landowner under clause (i) 

16 shall not— 

17 ‘‘(I) be deposited or transferred 

18 into— 

19 ‘‘(aa) the Individual Indian 

20 Money account of the member 

21 landowner; or 

22 ‘‘(bb) any other fund held by 

23 the United States on behalf of 

24 the member landowner; or 


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1 ‘‘(II) exceed an amount equal to 

2 44.3 percent of the amount trans3 ferred by the Secretary of the Interior 

4 to the Tribe under paragraph (2). 

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

6 the Tribe in processing claims of heirs of mem7 ber landowners for land acquired by the United 

8 States for use in the Oahe Dam and Reservoir 

9 Project, the Secretary of the Interior shall pro10 vide to the Tribe, in accordance with applicable 

11 laws (including regulations), any record re12 quested by the Tribe to identify the heirs of 

13 member landowners by the date that is 90 days 

14 after the date of receipt of a request from the 

15 Tribe.’’. 

16 (d) ELIGIBILITY OF TRIBE FOR CERTAIN PROGRAMS

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

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

19 114 Stat. 2365) is amended in the matter preceding para20 graph (1) by inserting ‘‘or any member landowner’’ after 

21 ‘‘Tribe’’. 

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

23 the Cheyenne River Sioux Tribe Equitable Compensation 

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

25 to read as follows: 


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1 ‘‘SEC. 107. EXTINGUISHMENT OF CLAIMS. 

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

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

4 all monetary claims that the Tribe has or may have 

5 against the United States for the taking by the United 

6 States of land and property of the Tribe for the Oahe Dam 

7 and Reservoir Project of the Pick-Sloan Missouri River 

8 Basin program shall be extinguished. 

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

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

11 landowner of any payment by the Tribe for damages re12 sulting from the taking by the United States of land or 

13 property of the Tribe for the Oahe Dam and Reservoir 

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

15 all monetary claims that the member landowner or heir 

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

17 shall be extinguished.’’. 


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Union Calendar No. 77 

110TH CONGRESS 

1ST SESSION H. R. 487 

[Report No. 110

–128] 

A BILL 

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 

MAY 7, 2007 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


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