(C) the majority of the community infrastruc-
ture of each tribe was also located on the land; 
(5) the flooding of the productive land described 
in paragraph (4) greatly damaged the economy and 
cultural resources of the 7 Indian tribes; 
(6)(A) although those Indian tribes reside on 
the Missouri River, the economic benefits of the 
Pick-Sloan Program have not been passed on to the 
affected Indian tribes; rather 
(B) the operation of the dams creates dis-
proportionate hardships for the Indian tribes, includ-
ing— 
(i) poor water quality; 
(ii) increased trespassing and theft or 
damage to cultural resources; 
(iii) artificial sediment deposits that im-
pact water infrastructure and contain unknown 
contaminants; 
(iv) harming fisheries, including loss of 
reservoir retention time; 
(v) damage to riparian habitat; and 
(vi) increased recreational traffic and im-
pacts, but with few opportunities to regulate or 
benefit from recreational uses; 
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(7) Congress held a number of hearings and 
promoted studies of the impacts to those tribes, pur-
suant to which representatives of the tribes testified 
on impacts to tribal economies, health, and welfare 
from the flooding of that land; 
(8)(A) Congress has established prior commis-
sions to study and make recommendations regarding 
impacts of the Pick-Sloan Program, including the 
Garrison Diversion Unit Commission established 
under section 207(c)(1) of the Energy and Water 
Development Appropriation Act, 1985 (Public Law 
98–360; 98 Stat. 411), which recommended that a 
Joint Tribal Advisory Committee be formed to exam-
ine and make recommendations with respect to the 
effects of the impoundment of water behind the Gar-
rison and Oahe Dams; 
(B) the Joint Tribal Advisory Committee was 
established by the Secretary of the Interior on May 
10, 1985, for the purpose of assessing the impacts 
of the Garrison and Oahe Dams on the Three Affili-
ated Tribes and the Standing Rock Sioux Tribe; 
(C) the Committee delivered a final report to 
the Secretary on May 23, 1986; 
(D) in 1992, Congress passed the Three Affili-
ated Tribes and Standing Rock Sioux Tribe Equi-
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table Compensation Act (title XXXV of Public Law 
102–575; 106 Stat. 4731) to address certain find-
ings of the Committee; and 
(E) a number of the findings of the Committee 
still have not been addressed as of the date of enact-
ment of this Act; 
(9)(A) before the date of enactment of this Act, 
Congress provided compensation to the 7 affected 
Indian tribes for the land taken from the tribes over 
a 55-year period; 
(B) on 17 different occasions, as part of 14 dif-
ferent Acts of Congress, compensation was author-
ized for the 7 affected Indian tribes; and 
(C) 1 tribe also received compensation through 
a court case; and 
(10) a single comprehensive bill is needed to re-
solve and finally settle the claims of the affected In-
dian tribes because past compensation— 
(A) was provided at different levels and 
based on different compensation methods, de-
pending on the historical time period during 
which the compensation was provided; and 
(B) resulted in each of the 7 Indian tribes 
being compensated differently. 
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SEC. 3. DEFINITIONS. 
In this Act: 
(1) AFFECTED INDIAN TRIBE.—The term ‘‘af-
fected Indian tribe’’ means any of— 
(A) the Cheyenne River Sioux Tribe; 
(B) the Crow Creek Sioux Tribe; 
(C) the Lower Brule Sioux Tribe; 
(D) the Santee Sioux Tribe; 
(E) the Standing Rock Sioux Tribe; 
(F) the Three Affiliated Tribes; and 
(G) the Yankton Sioux Tribe. 
(2) COMMISSION.—The term ‘‘Commission’’ 
means the Pick-Sloan Tribal Commission for Com-
prehensive Resolution established by section 4(a)(1). 
(3) PICK-SLOAN PROGRAM.—The term ‘‘Pick- 
Sloan Program’’ means the Pick-Sloan Missouri 
River Basin Program authorized by section 9 of the 
Act of December 22, 1944 (commonly known as the 
‘‘Flood Control Act of 1944’’) (58 Stat. 891). 
SEC. 4. PICK-SLOAN TRIBAL COMMISSION FOR COM-
PREHENSIVE RESOLUTION. 
(a) ESTABLISHMENT OF COMMISSION.— 
(1) ESTABLISHMENT.—There is established a 
commission to be known as the ‘‘Pick-Sloan Tribal 
Commission for Comprehensive Resolution’’. 
(2) MEMBERSHIP.— 
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(A) IN GENERAL.—The Commission shall 
be composed of 7 members, of whom— 
(i) 1 shall be the Chairperson of the 
Commission; 
(ii) at least 1 shall have expertise in 
the field of Indian law and policy; 
(iii) at least 1 shall have expertise in 
the operation and history of Federal water 
projects; 
(iv) 1 shall have expertise in the area 
of environmental justice; 
(v) 1 shall be an economist; and 
(vi) at least 1 shall be an authority in 
cultural preservation. 
(B) TRIBAL
MEMBERSHIP.—Of the 7 
members selected for the Commission, at least 
3 shall be members of federally recognized In-
dian tribes. 
(C) SELECTION OF COMMISSION.— 
(i) IN
GENERAL.—The Chairperson 
and Vice Chairperson of the Committee on 
Indian Affairs of the Senate and the 
Chairperson and Ranking Member of the 
Committee on Natural Resources of the 
House of Representatives shall— 
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(I) select the 7 Commission 
members; and 
(II) appoint 1 of the members to 
serve as Chairperson of the Commis-
sion. 
(ii) 
RECOMMENDATIONS.—The 
af-
fected Indian tribes may make rec-
ommendations to the Chairperson of the 
Committee on Indian Affairs of the Senate 
and the Chairperson of the Committee on 
Natural Resources of the House of Rep-
resentatives regarding members of the 
Commission. 
(D) DEADLINE
FOR
APPOINTMENT.—All 
members of the Commission shall be appointed 
not later than 60 days after the date of enact-
ment of this Act. 
(3) TERM; VACANCIES.— 
(A) TERM.—A member shall be appointed 
for the life of the Commission. 
(B) VACANCIES.—A vacancy on the Com-
mission— 
(i) shall not affect the powers of the 
Commission; and 
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(ii) shall be filled in the same manner 
as the original appointment was made. 
(4) INITIAL MEETING.—Not later than 30 days 
after the date on which all members of the Commis-
sion have been appointed, the Commission shall hold 
the initial meeting of the Commission. 
(5) MEETINGS.—The Commission shall meet at 
the call of the Chairperson. 
(6) QUORUM.—A majority of the members of 
the Commission shall constitute a quorum, but a 
lesser number of members may hold hearings. 
(7) NONAPPLICABILITY OF FACA.—The Federal 
Advisory Committee Act (5 U.S.C. App.) shall not 
apply to the Commission. 
(b) DUTIES.— 
(1) IN GENERAL.—In carrying out this section, 
the Commission shall consult with the affected In-
dian tribes. 
(2) STUDY.—The Commission shall conduct a 
study of— 
(A) with respect to the period beginning on 
the date of commencement of the Pick-Sloan 
Program and ending on the date on which the 
study is initiated— 
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(i) the impacts on the affected Indian 
tribes, directly or indirectly, caused by the 
Pick-Sloan Program; and 
(ii) measures implemented by the 
Federal Government to attempt to address 
those impacts; 
(B) other measures that have been pro-
posed to address the impacts on the affected In-
dian tribes caused by the Pick-Sloan Program; 
(C) the results of any other studies regard-
ing those impacts and potential solutions to the 
impacts, including any studies conducted by the 
Joint Tribal Advisory Committee relating to the 
Pick-Sloan Program; and 
(D) comparisons involving other situations 
in which Federal hydroelectric projects or feder-
ally licensed hydroelectric projects have resulted 
in the taking or occupation of Indian land and 
the compensation, or other measures, Indian 
tribes have been or are being provided in those 
situations. 
(3) HEARINGS.— 
(A) IN GENERAL.—In carrying out para-
graph (2), the Commission shall hold at least 3 
hearings to receive information from Federal 
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agencies, Indian tribes, and other interested 
parties regarding the resolution of Pick-Sloan 
Program impacts. 
(B) PUBLIC
PARTICIPATION.—A hearing 
under this paragraph shall be open to the pub-
lic. 
(C) RECORDS.—For each hearing under 
this paragraph, the Commission shall— 
(i) compile a record consisting of tran-
scripts, written testimony, studies, and 
other information presented at the hearing; 
and 
(ii) include the record in the report of 
the Commission required under paragraph 
(5), as an appendix in electronic format. 
(4) COMPREHENSIVE RESOLUTION.— 
(A) IN GENERAL.—Based on the results of 
the study under paragraph (2), and hearings 
under paragraph (3), the Commission shall de-
velop a proposal to comprehensively resolve the 
impacts to the affected Indian tribes resulting 
from the Pick-Sloan Program. 
(B) INCLUSIONS.—The proposal under 
subparagraph (A) shall include— 
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(i) a comprehensive proposal for a 
program to provide full and final com-
pensation to the affected Indian tribes; 
(ii) a description of the measures re-
ferred to in paragraph (2) that— 
(I) have not been implemented; 
(II) could be implemented; or 
(III) should be implemented in a 
more effective manner; 
(iii) relevant measures that could be 
accomplished administratively; 
(iv) relevant measures that would re-
quire legislation to be implemented; and 
(v) any other measures necessary to 
comprehensively resolve the impacts of the 
Pick-Sloan Program on the affected Indian 
tribes. 
(5) REPORT.— 
(A) IN
GENERAL.—Subject to subpara-
graph (B), not later than 18 months after the 
date on which the first meeting of the Commis-
sion takes place, the Commission shall submit 
to the President and Congress a report that 
contains— 
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(i) a detailed statement of the study 
findings and conclusions of the Commis-
sion; and 
(ii) the proposal of the Commission 
for such legislation and administrative ac-
tions as the Commission considers to be 
appropriate to resolve the impacts on the 
affected Indian tribes caused by the Pick- 
Sloan Program. 
(B) EXTENSION.—The deadline described 
in subparagraph (A) may be extended for a pe-
riod of not more than 180 days if the Commis-
sion submits to the Committee on Indian Af-
fairs of the Senate and the Committee on Nat-
ural Resources of the House of Representatives 
a request for the extension that— 
(i) is received by the Committees be-
fore the deadline described in subpara-
graph (A); and 
(ii) includes a description of the rea-
sons why the extension is needed. 
(6) WEBSITE.— 
(A) IN GENERAL.—The Commission shall 
maintain a website for the period beginning on 
the date on which the first meeting of the Com-
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mission takes place and ending on the date that 
is 180 days after the date of termination of the 
Commission. 
(B) 
REQUIREMENTS.—The 
Commission 
shall use the website— 
(i) to describe the activities of the 
Commission; 
(ii) to provide access to information 
studied by the Commission; 
(iii) to provide notice of, and make 
available all information presented at, 
hearings of the Commission; and 
(iv) to post the report (including all 
appendices to that report) of the Commis-
sion required under paragraph (5). 
(C) ARCHIVING OF WEBSITE CONTENT.— 
At the time at which the website of the Com-
mission is terminated, all content on the 
website shall be— 
(i) collected on compact disk, digital 
video disk, or other appropriate digital 
media; and 
(ii) included in the report to be sub-
mitted under paragraph (5). 
(c) POWERS.— 
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(1) HEARINGS.—The Commission may hold 
such hearings, meet and act at such times and 
places, take such testimony, and receive such evi-
dence as the Commission considers to be advisable 
to carry out this Act. 
(2) INFORMATION FROM FEDERAL AGENCIES.— 
(A) IN GENERAL.—The Commission may 
secure directly from a Federal agency such in-
formation as the Commission considers to be 
necessary to carry out this Act. 
(B) PROVISION OF INFORMATION.—On re-
quest of the Chairperson of the Commission, 
the head of an applicable Federal agency shall 
provide the information to the Commission. 
(3) POSTAL SERVICES.—The Commission may 
use the United States mails in the same manner and 
under the same conditions as other agencies of the 
Federal Government. 
(4) GIFTS.—The Commission may accept, use, 
and dispose of gifts or donations of services or prop-
erty. 
(d) COMMISSION PERSONNEL MATTERS.— 
(1) COMPENSATION OF MEMBERS.—Each mem-
ber of the Commission shall be compensated at a 
rate equal to the daily equivalent of the annual rate 
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of basic pay prescribed for level IV of the Executive 
Schedule under section 5315 of title 5, United 
States Code, for each day (including travel time) 
during which the member is engaged in the perform-
ance of the duties of the Commission. 
(2) TRAVEL EXPENSES.—Each member of the 
Commission shall be allowed travel expenses, includ-
ing per diem in lieu of subsistence, at rates author-
ized for an employee of an agency under subchapter 
I of chapter 57 of title 5, United States Code, while 
away from the home or regular place of business of 
the member in the performance of the duties of the 
Commission. 
(3) STAFF.— 
(A) IN GENERAL.—The Chairperson of the 
Commission may, without regard to the civil 
service laws (including regulations), appoint 
and terminate an executive director and such 
other additional personnel as are necessary to 
enable the Commission to perform the duties of 
the Commission. 
(B) CONFIRMATION OF EXECUTIVE DIREC-
TOR.—The employment of an executive director 
shall be subject to confirmation by the Commis-
sion. 
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(C) COMPENSATION.— 
(i) IN GENERAL.—Except as provided 
in subparagraph (B), the Chairperson of 
the Commission may fix the compensation 
of the executive director and other per-
sonnel without regard to the provisions of 
chapter 51 and subchapter III of chapter 
53 of title 5, United States Code, relating 
to classification of positions and General 
Schedule pay rates. 
(ii) MAXIMUM
RATE
OF
PAY.—The 
rate of pay for the executive director and 
other personnel shall not exceed the rate 
payable for level IV of the Executive 
Schedule under section 5316 of title 5, 
United States Code. 
(D) DETAIL
OF
FEDERAL
GOVERNMENT 
EMPLOYEES.— 
(i) IN GENERAL.—An employee of the 
Federal Government may be detailed to 
serve as staff for the Commission without 
reimbursement. 
(ii) CIVIL SERVICE STATUS.—The de-
tail of the employee shall be without inter-
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ruption or loss of civil service status or 
privilege. 
(4) HUMAN RESOURCES SUPPORT.—The Com-
mission may request the Secretary of Defense to 
provide, and the Secretary of Defense shall provide, 
through human resource departments under the ju-
risdiction of the Secretary of Defense, on a reim-
bursable basis, operational support for activities of 
the Commission. 
(5) CONTRACT AUTHORITY.—The Commission 
may, to such extent and using such amounts as are 
provided in appropriation Acts, enter into contracts 
to enable the Commission to discharge the duties of 
the Commission under this Act. 
(6) VOLUNTEER
SERVICES.—Notwithstanding 
section 1342 of title 31, United States Code, the 
Commission may accept and use such voluntary and 
uncompensated services as the Commission deter-
mines to be necessary. 
(7) PROCUREMENT OF TEMPORARY AND INTER-
MITTENT SERVICES.—The Chairperson of the Com-
mission may procure temporary and intermittent 
services in accordance with section 3109(b) of title 
5, United States Code, at rates for individuals that 
do not exceed the daily equivalent of the annual rate 
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of basic pay prescribed for level V of the Executive 
Schedule under section 5316 of that title. 
(e) TERMINATION OF COMMISSION.—The Commis-
sion shall terminate 90 days after the date on which the 
Commission submits the report of the Commission under 
subsection (b)(5). 
SEC. 5. FUNDING. 
(a) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as are nec-
essary to carry out this Act for each of fiscal years 2010 
and 2011, to remain available until expended. 
(b) TRANSFER OF FUNDS IN LIEU OF APPROPRIA-
TION.— 
(1) IN GENERAL.—For any fiscal year, or at 
any time during a fiscal year, in which insufficient 
amounts are available to fund activities of the Com-
mission, the Secretary of the Interior or the Sec-
retary of the Army may transfer to the Commission 
such unobligated amounts as are available to the 
Secretary of the Interior or the Secretary of the 
Army for use by the Commission in carrying out this 
Act. 
(2) AVAILABILITY.—Amounts transferred to the 
Commission under paragraph (1) shall remain avail-
able until the earlier of— 
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(A) the date of termination of the Commis-
sion; or 
(B) the date on which amounts that are 
sufficient to carry out this Act are made avail-
able. 
SEC. 6. SAVINGS CLAUSE. 
Nothing in this Act diminishes, changes, or otherwise 
affects— 
(1) the water rights of the affected Indian 
tribes; 
(2) any other right (including treaty rights) of 
the affected Indian tribes; 
(3) the status of Indian reservation land or the 
boundaries of any reservation of an Indian tribe; or 
(4) any Congressional authorization of appro-
priations for the benefit of the affected Indian 
tribes. 
Æ 
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