II 

Calendar No. 680 

111TH CONGRESS 

2D SESSION S. 3648 

[Report No. 111–357] 

To establish a commission to conduct a study and provide recommendations 

on a comprehensive resolution of impacts caused to certain Indian tribes 

by the Pick-Sloan Program. 

IN THE SENATE OF THE UNITED STATES 

JULY 26, 2010 

Mr. DORGAN (for himself, Mr. THUNE, Mr. CONRAD, and Mr. JOHNSON) introduced the following bill; which was read twice and referred to the Committee on Indian Affairs 

DECEMBER 8, 2010 

Reported by Mr. DORGAN, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To establish a commission to conduct a study and provide 

recommendations on a comprehensive resolution of impacts caused to certain Indian tribes by the Pick-Sloan 

Program. 

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 ‘‘Pick-Sloan Tribal 

3 Commission Act of 2010’’. 

4 SEC. 2. FINDINGS. 

5 Congress finds that— 

6 (1) the Pick-Sloan Missouri River Basin Pro7 gram (known as the ‘‘Pick-Sloan Program’’) author8 ized by section 9 of the Act of December 22, 1944 

9 (commonly known as the ‘‘Flood Control Act of 

10 1944’’) (58 Stat. 891), was approved— 

11 (A) to promote the general economic devel12 opment of the United States; 

13 (B) to provide for irrigation above Sioux 

14 City, Iowa; 

15 (C) to protect urban and rural areas from 

16 devastating floods of the Missouri River; and 

17 (D) for other purposes; 

18 (2) the United States acquired 1,422,000 acres 

19 of land in the States of North Dakota, South Da20 kota, and Nebraska for— 

21 (A) the building of mainstem Missouri 

22 River dams at Garrison, Oahe, Big Bend, Fort 

23 Randall, and Gavin’s Point; and 

24 (B) the creation of reservoirs behind the 

25 dams named Lake Sakakawea, Lake Oahe, 


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1 Lake Sharpe, Lake Francis Case, and Lake 

2 Gavin, respectively; 

3 (3) the construction of the dams and creation 

4 of the reservoirs described in paragraph (2) included 

5 the taking of title to land located on the reservations 

6 of 7 Indian tribes (but did not diminish the reserva7 tions), including the taking of— 

8 (A) 156,000 acres from the Fort Berthold 

9 reservation; 

10 (B) 55,994 acres from the Standing Rock 

11 reservation; 

12 (C) 104,420 acres from the Cheyenne 

13 River reservation; 

14 (D) 22,955 acres from the Lower Brule 

15 reservation; 

16 (E) 15,565 acres from the Crow Creek res17 ervation; 

18 (F) 3,252 acres from the Yankton reserva19 tion; and 

20 (G) 1,703 acres from the Santee reserva21 tion; 

22 (4)(A) the water impounded by the Garrison, 

23 Oahe, Big Bend, Fort Randall, and Gavin’s Point 

24 projects of the Pick-Sloan Program flooded the most 

25 fertile and wooded bottom land of the 7 Indian 


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1 tribes referred to in paragraph (3) along the Mis2 souri River; 

3 (B) that land constituted the most productive 

4 agricultural, hunting, and collecting land of those 

5 Indian tribes; and 

6 (C) the majority of the community infrastruc7 ture of each tribe was also located on the land; 

8 (5) the flooding of the productive land described 

9 in paragraph (4) greatly damaged the economy and 

10 cultural resources of the 7 Indian tribes; 

11 (6)(A) although those Indian tribes reside on 

12 the Missouri River, the economic benefits of the 

13 Pick-Sloan Program have not been passed on to the 

14 affected Indian tribes; rather 

15 (B) the operation of the dams creates dis16 proportionate hardships for the Indian tribes, includ17 ing— 

18 (i) poor water quality; 

19 (ii) increased trespassing and theft or 

20 damage to cultural resources; 

21 (iii) artificial sediment deposits that im22 pact water infrastructure and contain unknown 

23 contaminants; 

24 (iv) harming fisheries, including loss of 

25 reservoir retention time; 


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1 (v) damage to riparian habitat; and 

2 (vi) increased recreational traffic and im3 pacts, but with few opportunities to regulate or 

4 benefit from recreational uses; 

5 (7) Congress held a number of hearings and 

6 promoted studies of the impacts to those tribes, pur7 suant to which representatives of the tribes testified 

8 on impacts to tribal economies, health, and welfare 

9 from the flooding of that land; 

10 (8)(A) Congress has established prior commis11 sions to study and make recommendations regarding 

12 impacts of the Pick-Sloan Program, including the 

13 Garrison Diversion Unit Commission established 

14 under section 207(c)(1) of the Energy and Water 

15 Development Appropriation Act, 1985 (Public Law 

16 98–360; 98 Stat. 411), which recommended that a 

17 Joint Tribal Advisory Committee be formed to exam18 ine and make recommendations with respect to the 

19 effects of the impoundment of water behind the Gar20 rison and Oahe Dams; 

21 (B) the Joint Tribal Advisory Committee was 

22 established by the Secretary of the Interior on May 

23 10, 1985, for the purpose of assessing the impacts 

24 of the Garrison and Oahe Dams on the Three Affili25 ated Tribes and the Standing Rock Sioux Tribe; 


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1 (C) the Committee delivered a final report to 

2 the Secretary on May 23, 1986; 

3 (D) in 1992, Congress passed the Three Affili4 ated Tribes and Standing Rock Sioux Tribe Equi5 table Compensation Act (title XXXV of Public Law 

6 102–575; 106 Stat. 4731) to address certain find7 ings of the Committee; and 

8 (E) a number of the findings of the Committee 

9 still have not been addressed as of the date of enact10 ment of this Act; 

11 (9)(A) before the date of enactment of this Act, 

12 Congress provided compensation to the 7 affected 

13 Indian tribes for the land taken from the tribes over 

14 a 55-year period; 

15 (B) on 17 different occasions, as part of 14 dif16 ferent Acts of Congress, compensation was author17 ized for the 7 affected Indian tribes; and 

18 (C) 1 tribe also received compensation through 

19 a court case; and 

20 (10) a single comprehensive bill is needed to re21 solve and finally settle the claims of the affected In22 dian tribes because past compensation— 

23 (A) was provided at different levels and 

24 based on different compensation methods, deVerDate Mar 15 2010 23:19 Dec 08, 2010 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6401 E:\BILLS\S3648.RS S3648

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1 pending on the historical time period during 

2 which the compensation was provided; and 

3 (B) resulted in each of the 7 Indian tribes 

4 being compensated differently. 

5 SEC. 3. DEFINITIONS. 

6 In this Act: 

7 (1) AFFECTED INDIAN TRIBE.—The term ‘‘af8 fected Indian tribe’’ means any of— 

9 (A) the Cheyenne River Sioux Tribe; 

10 (B) the Crow Creek Sioux Tribe; 

11 (C) the Lower Brule Sioux Tribe; 

12 (D) the Santee Sioux Tribe; 

13 (E) the Standing Rock Sioux Tribe; 

14 (F) the Three Affiliated Tribes; and 

15 (G) the Yankton Sioux Tribe. 

16 (2) COMMISSION.—The term ‘‘Commission’’ 

17 means the Pick-Sloan Tribal Commission for Com18 prehensive Resolution established by section 4(a)(1). 

19 (3) PICK-SLOAN PROGRAM.—The term ‘‘Pick20 Sloan Program’’ means the Pick-Sloan Missouri 

21 River Basin Program authorized by section 9 of the 

22 Act of December 22, 1944 (commonly known as the 

23 ‘‘Flood Control Act of 1944’’) (58 Stat. 891). 


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1 SEC. 4. PICK-SLOAN TRIBAL COMMISSION FOR COM2 PREHENSIVE RESOLUTION. 

3 (a) ESTABLISHMENT OF COMMISSION.— 

4 (1) ESTABLISHMENT.—There is established a 

5 commission to be known as the ‘‘Pick-Sloan Tribal 

6 Commission for Comprehensive Resolution’’. 

7 (2) MEMBERSHIP.— 

8 (A) IN GENERAL.—The Commission shall 

9 be composed of 7 members, of whom— 

10 (i) 1 shall be the Chairperson of the 

11 Commission; 

12 (ii) at least 1 shall have expertise in 

13 the field of Indian law and policy; 

14 (iii) at least 1 shall have expertise in 

15 the operation and history of Federal water 

16 projects; 

17 (iv) 1 shall have expertise in the area 

18 of environmental justice; 

19 (v) 1 shall be an economist; and 

20 (vi) at least 1 shall be an authority in 

21 cultural preservation. 

22 (B) TRIBAL MEMBERSHIP.—Of the 7 

23 members selected for the Commission, at least 

24 3 shall be members of federally recognized In25 dian tribes. 

26 (C) SELECTION OF COMMISSION.— 


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1 (i) IN GENERAL.—The Chairperson 

2 and Vice Chairperson of the Committee on 

3 Indian Affairs of the Senate and the 

4 Chairperson and Ranking Member of the 

5 Committee on Natural Resources of the 

6 House of Representatives shall— 

7 (I) select the 7 Commission 

8 members; and 

9 (II) appoint 1 of the members to 

10 serve as Chairperson of the Commis11 sion. 

12 (ii) RECOMMENDATIONS.—The af13 fected Indian tribes may make rec14 ommendations to the Chairperson of the 

15 Committee on Indian Affairs of the Senate 

16 and the Chairperson of the Committee on 

17 Natural Resources of the House of Rep18 resentatives regarding members of the 

19 Commission. 

20 (D) DEADLINE FOR APPOINTMENT.—All 

21 members of the Commission shall be appointed 

22 not later than 60 days after the date of enact23 ment of this Act. 

24 (3) TERM; VACANCIES.— 


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1 (A) TERM.—A member shall be appointed 

2 for the life of the Commission. 

3 (B) VACANCIES.—A vacancy on the Com4 mission— 

5 (i) shall not affect the powers of the 

6 Commission; and 

7 (ii) shall be filled in the same manner 

8 as the original appointment was made. 

9 (4) INITIAL MEETING.—Not later than 30 days 

10 after the date on which all members of the Commis11 sion have been appointed, the Commission shall hold 

12 the initial meeting of the Commission. 

13 (5) MEETINGS.—The Commission shall meet at 

14 the call of the Chairperson. 

15 (6) QUORUM.—A majority of the members of 

16 the Commission shall constitute a quorum, but a 

17 lesser number of members may hold hearings. 

18 (7) NONAPPLICABILITY OF FACA.—The Federal 

19 Advisory Committee Act (5 U.S.C. App.) shall not 

20 apply to the Commission. 

21 (b) DUTIES.— 

22 (1) IN GENERAL.—In carrying out this section, 

23 the Commission shall consult with the affected In24 dian tribes. 


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1 (2) STUDY.—The Commission shall conduct a 

2 study of— 

3 (A) with respect to the period beginning on 

4 the date of commencement of the Pick-Sloan 

5 Program and ending on the date on which the 

6 study is initiated— 

7 (i) the impacts on the affected Indian 

8 tribes, directly or indirectly, caused by the 

9 Pick-Sloan Program; and 

10 (ii) measures implemented by the 

11 Federal Government to attempt to address 

12 those impacts; 

13 (B) other measures that have been pro14 posed to address the impacts on the affected In15 dian tribes caused by the Pick-Sloan Program; 

16 (C) the results of any other studies regard17 ing those impacts and potential solutions to the 

18 impacts, including any studies conducted by the 

19 Joint Tribal Advisory Committee relating to the 

20 Pick-Sloan Program; and 

21 (D) comparisons involving other situations 

22 in which Federal hydroelectric projects or feder23 ally licensed hydroelectric projects have resulted 

24 in the taking or occupation of Indian land and 

25 the compensation, or other measures, Indian 


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1 tribes have been or are being provided in those 

2 situations. 

3 (3) HEARINGS.— 

4 (A) IN GENERAL.—In carrying out para5 graph (2), the Commission shall hold at least 3 

6 hearings to receive information from Federal 

7 agencies, Indian tribes, and other interested 

8 parties regarding the resolution of Pick-Sloan 

9 Program impacts. 

10 (B) PUBLIC PARTICIPATION.—A hearing 

11 under this paragraph shall be open to the pub12 lic. 

13 (C) RECORDS.—For each hearing under 

14 this paragraph, the Commission shall— 

15 (i) compile a record consisting of tran16 scripts, written testimony, studies, and 

17 other information presented at the hearing; 

18 and 

19 (ii) include the record in the report of 

20 the Commission required under paragraph 

21 (5), as an appendix in electronic format. 

22 (4) COMPREHENSIVE RESOLUTION.— 

23 (A) IN GENERAL.—Based on the results of 

24 the study under paragraph (2), and hearings 

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1 velop a proposal to comprehensively resolve the 

2 impacts to the affected Indian tribes resulting 

3 from the Pick-Sloan Program. 

4 (B) INCLUSIONS.—The proposal under 

5 subparagraph (A) shall include— 

6 (i) a comprehensive proposal for a 

7 program to provide full and final com8 pensation to the affected Indian tribes; 

9 (ii) a description of the measures re10 ferred to in paragraph (2) that— 

11 (I) have not been implemented; 

12 (II) could be implemented; or 

13 (III) should be implemented in a 

14 more effective manner; 

15 (iii) relevant measures that could be 

16 accomplished administratively; 

17 (iv) relevant measures that would re18 quire legislation to be implemented; and 

19 (v) any other measures necessary to 

20 comprehensively resolve the impacts of the 

21 Pick-Sloan Program on the affected Indian 

22 tribes. 

23 (5) REPORT.— 

24 (A) IN GENERAL.—Subject to subpara25 graph (B), not later than 18 months after the 


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1 date on which the first meeting of the Commis2 sion takes place, the Commission shall submit 

3 to the President and Congress a report that 

4 contains— 

5 (i) a detailed statement of the study 

6 findings and conclusions of the Commis7 sion; and 

8 (ii) the proposal of the Commission 

9 for such legislation and administrative ac10 tions as the Commission considers to be 

11 appropriate to resolve the impacts on the 

12 affected Indian tribes caused by the Pick13 Sloan Program. 

14 (B) EXTENSION.—The deadline described 

15 in subparagraph (A) may be extended for a pe16 riod of not more than 180 days if the Commis17 sion submits to the Committee on Indian Af18 fairs of the Senate and the Committee on Nat19 ural Resources of the House of Representatives 

20 a request for the extension that— 

21 (i) is received by the Committees be22 fore the deadline described in subpara23 graph (A); and 

24 (ii) includes a description of the rea25 sons why the extension is needed. 


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1 (6) WEBSITE.— 

2 (A) IN GENERAL.—The Commission shall 

3 maintain a website for the period beginning on 

4 the date on which the first meeting of the Com5 mission takes place and ending on the date that 

6 is 180 days after the date of termination of the 

7 Commission. 

8 (B) REQUIREMENTS.—The Commission 

9 shall use the website— 

10 (i) to describe the activities of the 

11 Commission; 

12 (ii) to provide access to information 

13 studied by the Commission; 

14 (iii) to provide notice of, and make 

15 available all information presented at, 

16 hearings of the Commission; and 

17 (iv) to post the report (including all 

18 appendices to that report) of the Commis19 sion required under paragraph (5). 

20 (C) ARCHIVING OF WEBSITE CONTENT.— 

21 At the time at which the website of the Com22 mission is terminated, all content on the 

23 website shall be— 


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1 (i) collected on compact disk, digital 

2 video disk, or other appropriate digital 

3 media; and 

4 (ii) included in the report to be sub5 mitted under paragraph (5). 

6 (c) POWERS.— 

7 (1) HEARINGS.—The Commission may hold 

8 such hearings, meet and act at such times and 

9 places, take such testimony, and receive such evi10 dence as the Commission considers to be advisable 

11 to carry out this Act. 

12 (2) INFORMATION FROM FEDERAL AGENCIES.— 

13 (A) IN GENERAL.—The Commission may 

14 secure directly from a Federal agency such in15 formation as the Commission considers to be 

16 necessary to carry out this Act. 

17 (B) PROVISION OF INFORMATION.—On re18 quest of the Chairperson of the Commission, 

19 the head of an applicable Federal agency shall 

20 provide the information to the Commission. 

21 (3) POSTAL SERVICES.—The Commission may 

22 use the United States mails in the same manner and 

23 under the same conditions as other agencies of the 

24 Federal Government. 


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1 (4) GIFTS.—The Commission may accept, use, 

2 and dispose of gifts or donations of services or prop3 erty. 

4 (d) COMMISSION PERSONNEL MATTERS.— 

5 (1) COMPENSATION OF MEMBERS.—Each mem6 ber of the Commission shall be compensated at a 

7 rate equal to the daily equivalent of the annual rate 

8 of basic pay prescribed for level IV of the Executive 

9 Schedule under section 5315 of title 5, United 

10 States Code, for each day (including travel time) 

11 during which the member is engaged in the perform12 ance of the duties of the Commission. 

13 (2) TRAVEL EXPENSES.—Each member of the 

14 Commission shall be allowed travel expenses, includ15 ing per diem in lieu of subsistence, at rates author16 ized for an employee of an agency under subchapter 

17 I of chapter 57 of title 5, United States Code, while 

18 away from the home or regular place of business of 

19 the member in the performance of the duties of the 

20 Commission. 

21 (3) STAFF.— 

22 (A) IN GENERAL.—The Chairperson of the 

23 Commission may, without regard to the civil 

24 service laws (including regulations), appoint 

25 and terminate an executive director and such 


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1 other additional personnel as are necessary to 

2 enable the Commission to perform the duties of 

3 the Commission. 

4 (B) CONFIRMATION OF EXECUTIVE DIREC5 TOR.—The employment of an executive director 

6 shall be subject to confirmation by the Commis7 sion. 

8 (C) COMPENSATION.— 

9 (i) IN GENERAL.—Except as provided 

10 in subparagraph (B), the Chairperson of 

11 the Commission may fix the compensation 

12 of the executive director and other per13 sonnel without regard to the provisions of 

14 chapter 51 and subchapter III of chapter 

15 53 of title 5, United States Code, relating 

16 to classification of positions and General 

17 Schedule pay rates. 

18 (ii) MAXIMUM RATE OF PAY.—The 

19 rate of pay for the executive director and 

20 other personnel shall not exceed the rate 

21 payable for level IV of the Executive 

22 Schedule under section 5316 of title 5, 

23 United States Code. 

24 (D) DETAIL OF FEDERAL GOVERNMENT

25 EMPLOYEES.— 


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1 (i) IN GENERAL.—An employee of the 

2 Federal Government may be detailed to 

3 serve as staff for the Commission without 

4 reimbursement. 

5 (ii) CIVIL SERVICE STATUS.—The de6 tail of the employee shall be without inter7 ruption or loss of civil service status or 

8 privilege. 

9 (4) HUMAN RESOURCES SUPPORT.—The Com10 mission may request the Secretary of Defense to 

11 provide, and the Secretary of Defense shall provide, 

12 through human resource departments under the ju13 risdiction of the Secretary of Defense, on a reim14 bursable basis, operational support for activities of 

15 the Commission. 

16 (5) CONTRACT AUTHORITY.—The Commission 

17 may, to such extent and using such amounts as are 

18 provided in appropriation Acts, enter into contracts 

19 to enable the Commission to discharge the duties of 

20 the Commission under this Act. 

21 (6) VOLUNTEER SERVICES.—Notwithstanding 

22 section 1342 of title 31, United States Code, the 

23 Commission may accept and use such voluntary and 

24 uncompensated services as the Commission deter25 mines to be necessary. 


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1 (7) PROCUREMENT OF TEMPORARY AND INTER2 MITTENT SERVICES.—The Chairperson of the Com3 mission may procure temporary and intermittent 

4 services in accordance with section 3109(b) of title 

5 5, United States Code, at rates for individuals that 

6 do not exceed the daily equivalent of the annual rate 

7 of basic pay prescribed for level V of the Executive 

8 Schedule under section 5316 of that title. 

9 (e) TERMINATION OF COMMISSION.—The Commis10 sion shall terminate 90 days after the date on which the 

11 Commission submits the report of the Commission under 

12 subsection (b)(5). 

13 SEC. 5. FUNDING. 

14 (a) AUTHORIZATION OF APPROPRIATIONS.—There 

15 are authorized to be appropriated such sums as are nec16 essary to carry out this Act for each of fiscal years 2010 

17 and 2011, to remain available until expended. 

18 (b) TRANSFER OF FUNDS IN LIEU OF APPROPRIA19 TION.— 

20 (1) IN GENERAL.—For any fiscal year, or at 

21 any time during a fiscal year, in which insufficient 

22 amounts are available to fund activities of the Com23 mission, the Secretary of the Interior or the Sec24 retary of the Army may transfer to the Commission 

25 such unobligated amounts as are available to the 


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1 Secretary of the Interior or the Secretary of the 

2 Army for use by the Commission in carrying out this 

3 Act. 

4 (2) AVAILABILITY.—Amounts transferred to the 

5 Commission under paragraph (1) shall remain avail6 able until the earlier of— 

7 (A) the date of termination of the Commis8 sion; or 

9 (B) the date on which amounts that are 

10 sufficient to carry out this Act are made avail11 able. 

12 SEC. 6. SAVINGS CLAUSE. 

13 Nothing in this Act diminishes, changes, or otherwise 

14 affects— 

15 (1) the water rights of the affected Indian 

16 tribes; 

17 (2) any other right (including treaty rights) of 

18 the affected Indian tribes; 

19 (3) the status of Indian reservation land or the 

20 boundaries of any reservation of an Indian tribe; or 

21 (4) any Congressional authorization of appro22 priations for the benefit of the affected Indian 

23 tribes. 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Pick-Sloan Tribal Com3 mission Act of 2010’’. 

4 SEC. 2. FINDINGS. 

5 Congress finds that— 

6 (1) the Pick-Sloan Missouri River Basin Pro7 gram (known as the ‘‘Pick-Sloan Program’’) author8 ized by section 9 of the Act of December 22, 1944 

9 (commonly known as the ‘‘Flood Control Act of 

10 1944’’) (58 Stat. 891), was approved— 

11 (A) to promote the general economic devel12 opment of the United States; 

13 (B) to provide for irrigation above Sioux 

14 City, Iowa; 

15 (C) to protect urban and rural areas from 

16 devastating floods of the Missouri River; and 

17 (D) for other purposes; 

18 (2) the United States acquired approximately 

19 1,422,000 acres of land in the States of North Dakota, 

20 South Dakota, and Nebraska for— 

21 (A) the building of mainstem Missouri 

22 River dams at Garrison, Oahe, Big Bend, Fort 

23 Randall, and Gavin’s Point; and 

24 (B) the creation of reservoirs behind the 

25 dams named Lake Sakakawea, Lake Oahe, Lake 


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1 Sharpe, Lake Francis Case, and Lewis and 

2 Clark Lake, respectively; 

3 (3) the construction of the dams and creation of 

4 the reservoirs described in paragraph (2) included the 

5 taking of title to land located on the reservations of 

6 7 Indian tribes (but did not diminish the reserva7 tions), including the taking of approximately— 

8 (A) 156,000 acres from the Fort Berthold 

9 Reservation; 

10 (B) 55,994 acres from the Standing Rock 

11 Sioux Reservation; 

12 (C) 104,420 acres from the Cheyenne River 

13 Sioux Reservation; 

14 (D) 22,955 acres from the Lower Brule 

15 Sioux Reservation; 

16 (E) 15,565 acres from the Crow Creek Sioux 

17 Reservation; 

18 (F) 3,252 acres from the Yankton Sioux 

19 Reservation; and 

20 (G) 1,007 acres from the Santee Sioux Res21 ervation; 

22 (4)(A) the water impounded by the Garrison, 

23 Oahe, Big Bend, Fort Randall, and Gavin’s Point 

24 dams of the Pick-Sloan Program flooded the most fer25 tile and wooded bottom land of the 7 Indian tribes 


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1 and reservations referred to in paragraph (3) along 

2 the Missouri River; 

3 (B) that land constituted the most productive ag4 ricultural, hunting, and collecting land of those In5 dian tribes; and 

6 (C) the majority of the community infrastructure 

7 of each Indian tribe was also located on the land; 

8 (5) the flooding of the productive land described 

9 in paragraph (4) greatly damaged the economy and 

10 cultural resources of the 7 Indian tribes; 

11 (6)(A) although the 7 Indian tribes reside on the 

12 Missouri River, the economic benefits of the Pick13 Sloan Program have not been passed on to those In14 dian tribes; rather 

15 (B) the operation of the dams creates dispropor16 tionate hardships for the 7 Indian tribes, including— 

17 (i) poor water quality; 

18 (ii) increased trespassing and theft or dam19 age to cultural resources; 

20 (iii) artificial sediment deposits that im21 pact water infrastructure and contain unknown 

22 contaminants; 

23 (iv) harming fisheries, including loss of res24 ervoir retention time; 

25 (v) damage to riparian habitat; and 


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1 (vi) increased recreational traffic and im2 pacts, but with few opportunities to regulate or 

3 benefit from recreational uses; 

4 (7) Congress held a number of hearings and pro5 moted studies of the impacts to the 7 Indian tribes, 

6 pursuant to which representatives of the 7 Indian 

7 tribes testified on impacts to tribal economies, health, 

8 and welfare from the flooding of that land; 

9 (8)(A) Congress has established prior commis10 sions to study and make recommendations regarding 

11 impacts of the Pick-Sloan Program, including the 

12 Garrison Diversion Unit Commission established 

13 under section 207(c)(1) of the Energy and Water De14 velopment Appropriation Act, 1985 (Public Law 98– 

15 360; 98 Stat. 411), which recommended that a Joint 

16 Tribal Advisory Committee be formed to examine and 

17 make recommendations with respect to the effects of 

18 the impoundment of water behind the Garrison and 

19 Oahe Dams; 

20 (B) the Joint Tribal Advisory Committee was es21 tablished by the Secretary of the Interior on May 10, 

22 1985, for the purpose of assessing the impacts of the 

23 Garrison and Oahe Dams on the Three Affiliated 

24 Tribes and the Standing Rock Sioux Tribe; 


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1 (C) the Committee delivered a final report to the 

2 Secretary on May 23, 1986; 

3 (D) in 1992, Congress passed the Three Affiliated 

4 Tribes and Standing Rock Sioux Tribe Equitable 

5 Compensation Act (title XXXV of Public Law 102– 

6 575; 106 Stat. 4731) to address certain findings of the 

7 Committee; and 

8 (E) a number of the findings of the Committee 

9 still have not been addressed as of the date of enact10 ment of this Act; 

11 (9)(A) before the date of enactment of this Act, 

12 Congress provided compensation to the 7 Indian 

13 tribes for the land taken from the 7 Indian tribes over 

14 a 55-year period; 

15 (B) on 17 different occasions, as part of 14 dif16 ferent Acts of Congress, compensation was authorized 

17 for the 7 Indian tribes; and 

18 (C) at least 1 of the 7 Indian tribes also received 

19 compensation through a court case; and 

20 (10) a single comprehensive bill is needed to re21 solve and finally settle the claims of the 7 Indian 

22 tribes because past compensation— 

23 (A) was provided at different levels and 

24 based on different compensation methods, deVerDate Mar 15 2010 23:19 Dec 08, 2010 Jkt 099200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6203 E:\BILLS\S3648.RS S3648

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1 pending on the historical time period during 

2 which the compensation was provided; and 

3 (B) resulted in each of the 7 Indian tribes 

4 being compensated differently. 

5 SEC. 3. DEFINITIONS. 

6 In this Act: 

7 (1) AFFECTED INDIAN TRIBE.—The term ‘‘af8 fected Indian tribe’’ means any of— 

9 (A) the Cheyenne River Sioux Tribe; 

10 (B) the Crow Creek Sioux Tribe; 

11 (C) the Lower Brule Sioux Tribe; 

12 (D) the Santee Sioux Tribe; 

13 (E) the Standing Rock Sioux Tribe; 

14 (F) the Three Affiliated Tribes; and 

15 (G) the Yankton Sioux Tribe. 

16 (2) COMMISSION.—The term ‘‘Commission’’ 

17 means the Pick-Sloan Tribal Commission for Com18 prehensive Resolution established by section 4(a)(1). 

19 (3) PICK-SLOAN PROGRAM.—The term ‘‘Pick20 Sloan Program’’ means the Pick-Sloan Missouri 

21 River Basin Program authorized by section 9 of the 

22 Act of December 22, 1944 (commonly known as the 

23 ‘‘Flood Control Act of 1944’’) (58 Stat. 891). 


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1 SEC. 4. PICK-SLOAN TRIBAL COMMISSION FOR COM2 PREHENSIVE RESOLUTION. 

3 (a) ESTABLISHMENT OF COMMISSION.— 

4 (1) ESTABLISHMENT.—There is established a 

5 commission to be known as the ‘‘Pick-Sloan Tribal 

6 Commission for Comprehensive Resolution’’. 

7 (2) MEMBERSHIP.— 

8 (A) IN GENERAL.—The Commission shall be 

9 composed of 7 members, of whom— 

10 (i) 1 shall be the Chairperson of the 

11 Commission; 

12 (ii) at least 1 shall have expertise in 

13 the field of Indian law and policy; 

14 (iii) at least 1 shall have expertise in 

15 the operation and history of Federal water 

16 projects; 

17 (iv) at least 1 shall have expertise in 

18 the area of environmental justice; 

19 (v) at least 1 shall be an economist; 

20 and 

21 (vi) at least 1 shall be an authority in 

22 cultural preservation. 

23 (B) TRIBAL MEMBERSHIP.—Of the 7 mem24 bers selected for the Commission, at least 3 shall 

25 be members of federally recognized Indian tribes. 

26 (C) SELECTION OF COMMISSION.— 


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1 (i) IN GENERAL.—The Chairperson 

2 and Vice Chairperson of the Committee on 

3 Indian Affairs of the Senate and the Chair4 person and Ranking Member of the Com5 mittee on Natural Resources of the House of 

6 Representatives shall— 

7 (I) select the 7 Commission mem8 bers; and 

9 (II) appoint 1 of the members to 

10 serve as Chairperson of the Commis11 sion. 

12 (ii) RECOMMENDATIONS.—The affected 

13 Indian tribes may make recommendations 

14 to the Chairperson of the Committee on In15 dian Affairs of the Senate and the Chair16 person of the Committee on Natural Re17 sources of the House of Representatives re18 garding members of the Commission. 

19 (D) DEADLINE FOR APPOINTMENT.—All 

20 members of the Commission shall be appointed 

21 not later than 60 days after the date of enact22 ment of this Act. 

23 (3) TERM; VACANCIES.— 

24 (A) TERM.—A member shall be appointed 

25 for the life of the Commission. 


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1 (B) VACANCIES.—A vacancy on the Com2 mission— 

3 (i) shall not affect the powers of the 

4 Commission; and 

5 (ii) shall be filled in the same manner 

6 as the original appointment was made. 

7 (4) INITIAL MEETING.—Not later than 30 days 

8 after the date on which all members of the Commis9 sion have been appointed, the Commission shall hold 

10 the initial meeting of the Commission. 

11 (5) MEETINGS.—The Commission shall meet at 

12 the call of the Chairperson. 

13 (6) QUORUM.— 

14 (A) IN GENERAL.—A majority of the mem15 bers of the Commission shall constitute a 

16 quorum. 

17 (B) REQUIREMENT.—A quorum shall be 

18 necessary for the Commission to carry out any 

19 of the duties or responsibilities of the Commis20 sion under this Act. 

21 (7) RULES FOR CONDUCT.—The Commission 

22 may establish, by majority vote, rules for the conduct 

23 of Commission business, in accordance with this Act 

24 and other applicable law. 


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1 (8) NONAPPLICABILITY OF FACA.—The Federal 

2 Advisory Committee Act (5 U.S.C. App.) shall not 

3 apply to the Commission. 

4 (b) DUTIES.— 

5 (1) IN GENERAL.—In carrying out this section, 

6 the Commission shall consult with the affected Indian 

7 tribes. 

8 (2) STUDY.—The Commission shall conduct a 

9 study of— 

10 (A) with respect to the period beginning on 

11 the date of commencement of the Pick-Sloan Pro12 gram and ending on the date on which the study 

13 is initiated— 

14 (i) the impacts on the affected Indian 

15 tribes, directly or indirectly, caused by the 

16 Pick-Sloan Program; and 

17 (ii) measures implemented by the Fed18 eral Government to attempt to address those 

19 impacts; 

20 (B) other measures that have been proposed 

21 to address the impacts on the affected Indian 

22 tribes caused by the Pick-Sloan Program; 

23 (C) the results of any other studies regard24 ing those impacts and potential solutions to the 

25 impacts, including any studies conducted by the 


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1 Joint Tribal Advisory Committee relating to the 

2 Pick-Sloan Program; and 

3 (D) comparisons involving other situations 

4 in which Federal hydroelectric projects or feder5 ally licensed hydroelectric projects have resulted 

6 in the taking or occupation of Indian land and 

7 the compensation, or other measures, Indian 

8 tribes have been or are being provided in those 

9 situations. 

10 (3) MEMBER LANDOWNERS.—The Commission 

11 may also study the impacts caused by the Pick-Sloan 

12 Program to land (including land allotted under any 

13 Federal law) that is— 

14 (A) owned by members of an affected In15 dian tribe (or the heirs of those members); and 

16 (B) is on the reservation of the affected In17 dian tribe. 

18 (4) HEARINGS.— 

19 (A) IN GENERAL.—In carrying out para20 graph (2) and, if applicable, paragraph (3), the 

21 Commission shall hold at least 3 hearings to re22 ceive information from Federal agencies, Indian 

23 tribes, and other interested parties regarding the 

24 resolution of Pick-Sloan Program impacts. 

25 (B) WITNESS EXPENSES.— 


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1 (i) IN GENERAL.—A witness requested 

2 to appear before the Commission shall be 

3 paid the same fees and allowances as are 

4 paid to witnesses under section 1821 of title 

5 28, United States Code. 

6 (ii) SOURCE OF FUNDS.—The per diem 

7 and mileage allowances for a witness under 

8 clause (i) shall be paid from funds made 

9 available to the Commission. 

10 (C) PUBLIC PARTICIPATION.—A hearing 

11 under this paragraph shall be open to the public. 

12 (D) RECORDS.—For each hearing under 

13 this paragraph, the Commission shall— 

14 (i) compile a record consisting of tran15 scripts, written testimony, studies, and 

16 other information presented at the hearing; 

17 and 

18 (ii) include the record in the report of 

19 the Commission required under paragraph 

20 (6), as an appendix in electronic format. 

21 (5) PROPOSAL FOR COMPREHENSIVE RESOLU22 TION.— 

23 (A) IN GENERAL.—Based on the results of 

24 the study under paragraph (2), any study under 

25 paragraph (3), and hearings under paragraph 


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1 (4), the Commission shall develop a proposal to 

2 comprehensively resolve the impacts resulting 

3 from the Pick-Sloan Program. 

4 (B) CONTENTS.— 

5 (i) IN GENERAL.—The proposal under 

6 subparagraph (A) shall include— 

7 (I) a comprehensive proposal to 

8 provide full and final compensation to 

9 the affected Indian tribes; 

10 (II) a description of the measures 

11 referred to in paragraph (2) that— 

12 (aa) have not been imple13 mented; 

14 (bb) could be implemented; or 

15 (cc) should be implemented 

16 in a more effective manner; 

17 (III) measures that could be ac18 complished administratively; 

19 (IV) measures that would require 

20 legislation to be implemented; and 

21 (V) any other measures necessary 

22 to comprehensively resolve the impacts 

23 of the Pick-Sloan Program on the af24 fected Indian tribes. 


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1 (ii) MEMBER LANDOWNERS.—The pro2 posal under subparagraph (A) may also in3 clude measures to resolve the impacts to 

4 land (including land allotted under any 

5 Federal law) that is— 

6 (I) owned by members of an af7 fected Indian tribe (or the heirs of 

8 those members); and 

9 (II) is on the reservation of the af10 fected Indian tribe. 

11 (6) REPORT.— 

12 (A) IN GENERAL.—Subject to subparagraph 

13 (B), not later than 18 months after the date on 

14 which the first meeting of the Commission takes 

15 place, the Commission shall submit to the Presi16 dent and Congress a report that contains— 

17 (i) a detailed statement of the study 

18 findings and conclusions of the Commission; 

19 and 

20 (ii) the proposal of the Commission de21 veloped under paragraph (5) for legislation 

22 and administrative actions that the Com23 mission considers to be appropriate to com24 prehensively resolve the impacts caused by 

25 the Pick-Sloan Program. 


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1 (B) EXTENSION.—The deadline described in 

2 subparagraph (A) may be extended for a period 

3 of not more than 180 days if the Commission 

4 submits to the Committee on Indian Affairs of 

5 the Senate and the Committee on Natural Re6 sources of the House of Representatives a request 

7 for the extension that— 

8 (i) is received by the Committees before 

9 the deadline described in subparagraph (A); 

10 and 

11 (ii) includes a description of the rea12 sons why the extension is needed. 

13 (7) WEBSITE.— 

14 (A) IN GENERAL.—The Commission shall 

15 maintain a website for the period beginning on 

16 the date on which the first meeting of the Com17 mission takes place and ending on the date on 

18 which the Commission is terminated. 

19 (B) REQUIREMENTS.—The Commission 

20 shall use the website— 

21 (i) to describe the activities of the Com22 mission; 

23 (ii) to provide access to information 

24 studied by the Commission; 


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1 (iii) to provide notice of, and make 

2 available all information presented at, hear3 ings of the Commission; and 

4 (iv) to post the report (including all 

5 appendices to that report) of the Commis6 sion required under paragraph (6). 

7 (C) ARCHIVING OF WEBSITE CONTENT.—At 

8 the time at which the Commission submits the 

9 report under paragraph (6), all content on the 

10 website shall be— 

11 (i) collected on compact disk, digital 

12 video disk, or other appropriate digital 

13 media; and 

14 (ii) included in the report to be sub15 mitted under paragraph (6). 

16 (c) POWERS.— 

17 (1) HEARINGS.—The Commission may hold such 

18 hearings, meet and act at such times and places, take 

19 such testimony, and receive such evidence as the Com20 mission considers to be advisable to carry out this 

21 Act. 

22 (2) INFORMATION FROM FEDERAL AGENCIES.— 

23 (A) IN GENERAL.—The Commission may se24 cure directly from a Federal agency such inforVerDate Mar 15 2010 23:19 Dec 08, 2010 Jkt 099200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6203 E:\BILLS\S3648.RS S3648

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1 mation as the Commission considers to be nec2 essary to carry out this Act. 

3 (B) PROVISION OF INFORMATION.—On re4 quest of the Chairperson of the Commission, the 

5 head of an applicable Federal agency shall pro6 vide the information to the Commission. 

7 (3) POSTAL SERVICES.—The Commission may 

8 use the United States mails in the same manner and 

9 under the same conditions as other agencies of the 

10 Federal Government. 

11 (4) GIFTS.—The Commission may accept, use, 

12 and dispose of gifts or donations of services or prop13 erty. 

14 (d) COMMISSION PERSONNEL MATTERS.— 

15 (1) COMPENSATION OF MEMBERS.—Each mem16 ber of the Commission shall be compensated at a rate 

17 equal to the daily equivalent of the annual rate of 

18 basic pay prescribed for level IV of the Executive 

19 Schedule under section 5315 of title 5, United States 

20 Code, for each day (including travel time) during 

21 which the member is engaged in the performance of 

22 the duties of the Commission. 

23 (2) TRAVEL EXPENSES.—Each member of the 

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1 ized for an employee of an agency under subchapter 

2 I of chapter 57 of title 5, United States Code, while 

3 away from the home or regular place of business of 

4 the member in the performance of the duties of the 

5 Commission. 

6 (3) STAFF.— 

7 (A) IN GENERAL.—The Chairperson of the 

8 Commission may, without regard to the civil 

9 service laws (including regulations), appoint and 

10 terminate an executive director and such other 

11 additional personnel as are necessary to enable 

12 the Commission to perform the duties of the 

13 Commission. 

14 (B) CONFIRMATION OF EXECUTIVE DIREC15 TOR.—The employment of an executive director 

16 shall be subject to confirmation by a quorum of 

17 the Commission. 

18 (C) COMPENSATION.— 

19 (i) IN GENERAL.—Except as provided 

20 in subparagraph (B), the Chairperson of the 

21 Commission may fix the compensation of 

22 the executive director and other personnel 

23 without regard to the provisions of chapter 

24 51 and subchapter III of chapter 53 of title 

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1 tion of positions and General Schedule pay 

2 rates. 

3 (ii) MAXIMUM RATE OF PAY.—The rate 

4 of pay for the executive director and other 

5 personnel shall not exceed the rate payable 

6 for level IV of the Executive Schedule under 

7 section 5316 of title 5, United States Code. 

8 (D) DETAIL OF FEDERAL GOVERNMENT EM9 PLOYEES.— 

10 (i) IN GENERAL.—An employee of the 

11 Federal Government may be detailed to 

12 serve as staff for the Commission without 

13 reimbursement. 

14 (ii) CIVIL SERVICE STATUS.—The de15 tail of the employee shall be without inter16 ruption or loss of civil service status or 

17 privilege. 

18 (4) HUMAN RESOURCES SUPPORT.—The Com19 mission may request the Secretary of Defense to pro20 vide, and the Secretary of Defense shall provide, 

21 through human resource departments under the juris22 diction of the Secretary of Defense, on a reimbursable 

23 basis, operational support for activities of the Com24 mission. 


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1 (5) CONTRACT AUTHORITY.—The Commission 

2 may, to such extent and using such amounts as are 

3 provided in appropriation Acts, enter into contracts 

4 to enable the Commission to discharge the duties of 

5 the Commission under this Act. 

6 (6) VOLUNTEER SERVICES.—Notwithstanding 

7 section 1342 of title 31, United States Code, the Com8 mission may accept and use such voluntary and un9 compensated services as the Commission determines to 

10 be necessary. 

11 (7) PROCUREMENT OF TEMPORARY AND INTER12 MITTENT SERVICES.—The Chairperson of the Com13 mission may procure temporary and intermittent 

14 services in accordance with section 3109(b) of title 5, 

15 United States Code, at rates for individuals that do 

16 not exceed the daily equivalent of the annual rate of 

17 basic pay prescribed for level V of the Executive 

18 Schedule under section 5316 of that title. 

19 (e) TERMINATION OF COMMISSION.—The Commission 

20 shall terminate 90 days after the date on which the Com21 mission submits the report of the Commission under sub22 section (b)(6). 

23 SEC. 5. FUNDING. 

24 Subject to the approval of the appropriate committees 

25 of Congress, out of any unobligated amounts made available 


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1 to the Secretary of the Interior, the Secretary may use to 

2 carry out this Act not more than $2,500,000. 

3 SEC. 6. SAVINGS CLAUSE. 

4 Nothing in this Act diminishes, changes, or otherwise 

5 affects— 

6 (1) the water rights of the affected Indian tribes; 

7 (2) any other right (including treaty rights) of 

8 the affected Indian tribes; 

9 (3) the status of Indian reservation land or the 

10 boundaries of any reservation of an Indian tribe; or 

11 (4) any Congressional authorization of appro12 priations for the benefit of the affected Indian tribes. 


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Calendar No. 680 

111TH CONGRESS 

2D SESSION S. 3648 

[Report No. 111–357] 

A BILL 

To establish a commission to conduct a study and 

tribes by the Pick-Sloan Program. resolution of impacts caused to certain Indian provide recommendations on a comprehensive 

DECEMBER 8, 2010 

Reported with an amendment 


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