I 
109TH CONGRESS 
1ST SESSION H. R. 3558 
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 
JULY 28, 2005 
Ms. HERSETH introduced the following bill; which was referred to the 
Committee on Resources 
A BILL 
To amend the Cheyenne River Sioux Tribe Equitable Com-
pensation 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Cheyenne River Sioux 
Tribe Equitable Compensation Amendments Act of 2005’’. 
SEC. 2. FINDINGS. 
(a) FINDINGS.—Congress finds that—
(1) the Pick-Sloan Missouri River Basin pro-
gram, authorized by section 9 of the Act of Decem-
ber 22, 1944 (commonly known as the ‘‘Flood Con-
trol Act of 1944’’) (58 Stat. 891), was intended to 
promote the general economic development of the 
United States; 
(2) the Oahe Dam and Reservoir Project— 
(A) is a major component of the Pick- 
Sloan Missouri River Basin program; and 
(B) contributes to the national economy; 
(3) the Oahe Dam and Reservoir Project flood-
ed the fertile bottom land of the Cheyenne River 
Sioux Reservation, which greatly damaged the econ-
omy and cultural resources of the Cheyenne River 
Sioux Tribe and caused the loss of many homes and 
communities of members of the Tribe; 
(4) Congress has provided compensation to sev-
eral Indian tribes, including the Cheyenne River 
Sioux Tribe, that border the Missouri River and suf-
fered injury as a result of 1 or more of the Pick- 
Sloan projects; 
(5) on determining that the compensation paid 
to the Cheyenne River Sioux Tribe was inadequate, 
Congress enacted the Cheyenne River Sioux Tribe 
Equitable Compensation Act (Public Law 106–511;
114 Stat. 2365), which created the Cheyenne River 
Sioux Tribal Recovery Trust Fund; and 
(6) that Act did not provide for additional com-
pensation to members of the Cheyenne River Sioux 
Tribe that lost land as a result of the Oahe Dam 
and Reservoir Project. 
(b) PURPOSES.—The purposes of this Act are— 
(1) to provide that the Cheyenne River Sioux 
Tribal Recovery Trust Fund may be used to provide 
compensation to members of the Cheyenne River 
Sioux Tribe that lost land as a result of the Oahe 
Dam and Reservoir Project; and 
(2) to provide for the capitalization of the Chey-
enne River Sioux Tribal Recovery Trust Fund. 
SEC. 3. CHEYENNE RIVER SIOUX TRIBE EQUITABLE COM-
PENSATION. 
(a) FINDINGS AND PURPOSES.—Section 102 of the 
Cheyenne River Sioux Tribe Equitable Compensation Act 
(Public Law 106–511; 114 Stat. 2365) is amended— 
(1) in subsection (a)(3), by striking subpara-
graphs (A) and (B) and inserting the following: 
‘‘(A) the United States did not justify, or 
fairly compensate the Tribe and member land-
owners for, the Oahe Dam and Reservation 
project, under which the United States acquired
104,492 acres of land of the Tribe and member 
landowners; and 
‘‘(B) the Tribe and member landowners 
should be adequately compensated for that 
land;’’; and 
(2) in subsection (b)(1), by inserting ‘‘and 
member landowners’’ after ‘‘Tribe’’ each place it ap-
pears. 
(b) DEFINITIONS.—Section 103 of the Cheyenne 
River Sioux Tribe Equitable Compensation Act (Public 
Law 106–511; 114 Stat. 2365) is amended— 
(1) by redesignating paragraphs (1) and (2) as 
paragraphs (4) and (3), respectively, and moving the 
paragraphs so as to appear in numerical order; and 
(2) by inserting before paragraph (3) (as redes-
ignated by paragraph (1)) the following: 
‘‘(1) MEMBER LANDOWNER.—The term ‘mem-
ber landowner’ means a member of the Tribe (or an 
heir of such a member) that owned land (including 
land allotted under the Act of February 8, 1887 (24 
Stat. 388, chapter 119)) located on the Cheyenne 
River Sioux Reservation that was acquired by the 
United States for the Oahe Dam and Reservoir 
Project.
‘‘(2) POWER PROGRAM.—The term ‘power pro-
gram’ means the power program under the Pick- 
Sloan Missouri River Basin program.’’. 
(c) CHEYENNE RIVER SIOUX TRIBAL RECOVERY 
TRUST FUND.—Section 104 of the Cheyenne River Sioux 
Tribe Equitable Compensation Act (Public Law 106–511; 
114 Stat. 2365) is amended— 
(1) by striking subsection (b) and inserting the 
following: 
‘‘(b) FUNDING.— 
‘‘(1) IN
GENERAL.—The Secretary of the 
Treasury shall deposit into the Fund an amount 
equal to 25 percent of the amount deposited into the 
Treasury from the power program during the pre-
ceding fiscal year for the period— 
‘‘(A) beginning on October 1, 2004; and 
‘‘(B) ending on the last date of the fiscal 
year during which the total amount deposited 
into the Treasury from the power program 
equals the amount described in paragraph (2). 
‘‘(2) DESCRIPTION OF AMOUNT.— 
‘‘(A) IN GENERAL.—The amount referred 
to in paragraph (1)(B) is an amount equal to 
the sum of— 
‘‘(i) $290,722,958; and
‘‘(ii) an amount equal to the amount 
of interest or earnings that would have ac-
crued on the amount described in clause (i) 
if that amount had been invested in ac-
cordance with subsection (c) as of October 
1, 2001. 
‘‘(B) CALCULATION
OF
INTEREST.—The 
amount of interest and earnings described in 
subparagraph (A)(ii) shall be determined by ap-
plying the Lehman Government Bond Index (or 
a similar index, as determined by the Secretary 
of the Treasury, in consultation with the Tribal 
Council).’’; 
(2) in subsection (d)(1), by striking ‘‘Beginning 
on the first day of the 11th fiscal year after the date 
of enactment of this Act’’ and inserting ‘‘Beginning 
on October 1, 2005,’’; and 
(3) in subsection (f)— 
(A) by redesignating paragraphs (3) and 
(4) as paragraphs (4) and (5), respectively; and 
(B) by inserting after paragraph (2) the 
following: 
‘‘(3) MEMBER LANDOWNERS.— 
‘‘(A) IN GENERAL.—The plan may provide 
for the payment of additional compensation to