[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 964 Engrossed in Senate (ES)]
106th CONGRESS
1st Session
S. 964
_______________________________________________________________________
AN ACT
To provide for equitable compensation for the Cheyenne River Sioux
Tribe, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
TITLE I--CHEYENNE RIVER SIOUX TRIBE EQUITABLE COMPENSATION
SEC. 101. SHORT TITLE.
This title may be cited as the ``Cheyenne River Sioux Tribe
Equitable Compensation Act''.
SEC. 102. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) by enacting the Act of December 22, 1944, (58 Stat.
887, chapter 665; 33 U.S.C. 701-1 et seq.), commonly known as
the ``Flood Control Act of 1944'', Congress approved the Pick-
Sloan Missouri River Basin program (referred to in this section
as the ``Pick-Sloan program'')--
(A) to promote the general economic development of
the United States;
(B) to provide for irrigation above Sioux City,
Iowa;
(C) to protect urban and rural areas from
devastating floods of the Missouri River; and
(D) for other purposes;
(2) the Oahe Dam and Reservoir project--
(A) is a major component of the Pick-Sloan program,
and contributes to the economy of the United States by
generating a substantial amount of hydropower and
impounding a substantial quantity of water;
(B) overlies the eastern boundary of the Cheyenne
River Sioux Indian Reservation; and
(C) has not only contributed little to the economy
of the Tribe, but has severely damaged the economy of
the Tribe and members of the Tribe by inundating the
fertile, wooded bottom lands of the Tribe along the
Missouri River that constituted the most productive
agricultural and pastoral lands of the Tribe and the
homeland of the members of the Tribe;
(3) the Secretary of the Interior appointed a Joint Tribal
Advisory Committee that examined the Oahe Dam and Reservoir
project and concluded that--
(A) the Federal Government did not justify, or
fairly compensate the Tribe for, the Oahe Dam and
Reservoir project when the Federal Government acquired
104,492 acres of land of the Tribe for that project;
and
(B) the Tribe should be adequately compensated for
the land acquisition described in subparagraph (A);
(4) after applying the same method of analysis as is used
for the compensation of similarly situated Indian tribes, the
Comptroller General of the United States (referred to in this
title as the ``Comptroller General'') determined that the
appropriate amount of compensation to pay the Tribe for the
land acquisition described in paragraph (3)(A) would be
$290,723,000;
(5) the Tribe is entitled to receive additional financial
compensation for the land acquisition described in paragraph
(3)(A) in a manner consistent with the determination of the
Comptroller General described in paragraph (4); and
(6) the establishment of a trust fund to make amounts
available to the Tribe under this title is consistent with the
principles of self-governance and self-determination.
(b) Purposes.--The purposes of this title are as follows:
(1) To provide for additional financial compensation to the
Tribe for the acquisition by the Federal Government of 104,492
acres of land of the Tribe for the Oahe Dam and Reservoir
project in a manner consistent with the determinations of the
Comptroller General described in subsection (a)(4).
(2) To provide for the establishment of the Cheyenne River
Sioux Tribal Recovery Trust Fund, to be managed by the
Secretary of the Treasury in order to make payments to the
Tribe to carry out projects under a plan prepared by the Tribe.
SEC. 103. DEFINITIONS.
In this title:
(1) Tribe.--The term ``Tribe'' means the Cheyenne River
Sioux Tribe, which is comprised of the Itazipco, Siha Sapa,
Minniconjou, and Oohenumpa bands of the Great Sioux Nation that
reside on the Cheyenne River Reservation, located in central
South Dakota.
(2) Tribal council.--The term ``Tribal Council'' means the
governing body of the Tribe.
SEC. 104. CHEYENNE RIVER SIOUX TRIBAL RECOVERY TRUST FUND.
(a) Cheyenne River Sioux Tribal Recovery Trust Fund.--There is
established in the Treasury of the United States a fund to be known as
the ``Cheyenne River Sioux Tribal Recovery Trust Fund'' (referred to in
this title as the ``Fund''). The Fund shall consist of any amounts
deposited into the Fund under this title.
(b) Funding.--On the first day of the 11th fiscal year that begins
after the date of enactment of this Act, the Secretary of the Treasury
shall, from the General Fund of the Treasury, deposit into the Fund
established under subsection (a)--
(1) $290,722,958; and
(2) an additional amount that equals the amount of interest
that would have accrued on the amount described in paragraph
(1) if such amount had been invested in interest-bearing
obligations of the United States, or in obligations guaranteed
as to both principal and interest by the United States, on the
first day of the first fiscal year that begins after the date
of enactment of this Act and compounded annually thereafter.
(c) Investment of Trust Fund.--It shall be the duty of the
Secretary of the Treasury to invest such portion of the Fund as is not,
in the Secretary of Treasury's judgment, required to meet current
withdrawals. Such investments may be made only in interest-bearing
obligations of the United States or in obligations guaranteed as to
both principal and interest by the United States. The Secretary of the
Treasury shall deposit interest resulting from such investments into
the Fund.
(d) Payment of Interest to Tribe.--
(1) Withdrawal of interest.--Beginning on the first day of
the 11th fiscal year after the date of enactment of this Act
and, on the first day of each fiscal year thereafter, the
Secretary of the Treasury shall withdraw the aggregate amount
of interest deposited into the Fund for that fiscal year and
transfer that amount to the Secretary of the Interior for use
in accordance with paragraph (2). Each amount so transferred
shall be available without fiscal year limitation.
(2) Payments to tribe.--
(A) In general.--The Secretary of the Interior
shall use the amounts transferred under paragraph (1)
only for the purpose of making payments to the Tribe,
as such payments are requested by the Tribe pursuant to
tribal resolution.
(B) Limitation.--Payments may be made by the
Secretary of the Interior under subparagraph (A) only
after the Tribe has adopted a plan under subsection
(f).
(C) Use of payments by tribe.--The Tribe shall use
the payments made under subparagraph (B) only for
carrying out projects and programs under the plan
prepared under subsection (f).
(e) Transfers and Withdrawals.--Except as provided in subsections
(c) and (d)(1), the Secretary of the Treasury may not transfer or
withdraw any amount deposited under subsection (b).
(f) Plan.--
(1) In general.--Not later than 18 months after the date of
enactment of this Act, the governing body of the Tribe shall
prepare a plan for the use of the payments to the Tribe under
subsection (d) (referred to in this subsection as the
``plan'').
(2) Contents of plan.--The plan shall provide for the
manner in which the Tribe shall expend payments to the Tribe
under subsection (d) to promote--
(A) economic development;
(B) infrastructure development;
(C) the educational, health, recreational, and
social welfare objectives of the Tribe and its members;
or
(D) any combination of the activities described in
subparagraphs (A) through (C).
(3) Plan review and revision.--
(A) In general.--The Tribal Council shall make
available for review and comment by the members of the
Tribe a copy of the plan before the plan becomes final,
in accordance with procedures established by the Tribal
Council.
(B) Updating of plan.--The Tribal Council may, on
an annual basis, revise the plan to update the plan. In
revising the plan under this subparagraph, the Tribal
Council shall provide the members of the Tribe
opportunity to review and comment on any proposed
revision to the plan.
(C) Consultation.--In preparing the plan and any
revisions to update the plan, the Tribal Council shall
consult with the Secretary of the Interior and the
Secretary of Health and Human Services.
(4) Audit.--
(A) In general.--The activities of the Tribe in
carrying out the plan shall be audited as part of the
annual single-agency audit that the Tribe is required
to prepare pursuant to the Office of Management and
Budget circular numbered A-133.
(B) Determination by auditors.--The auditors that
conduct the audit described in subparagraph (A) shall--
(i) determine whether funds received by the
Tribe under this section for the period covered
by the audit were expended to carry out the
plan in a manner consistent with this section;
and
(ii) include in the written findings of the
audit the determination made under clause (i).
(C) Inclusion of findings with publication of
proceedings of tribal council.--A copy of the written
findings of the audit described in subparagraph (A)
shall be inserted in the published minutes of the
Tribal Council proceedings for the session at which the
audit is presented to the Tribal Council.
(g) Prohibition on Per Capita Payments.--No portion of any payment
made under this title may be distributed to any member of the Tribe on
a per capita basis.
SEC. 105. ELIGIBILITY OF TRIBE FOR CERTAIN PROGRAMS AND SERVICES.
No payment made to the Tribe under this title shall result in the
reduction or denial of any service or program with respect to which,
under Federal law--
(1) the Tribe is otherwise entitled because of the status
of the Tribe as a federally recognized Indian tribe; or
(2) any individual who is a member of the Tribe is entitled
because of the status of the individual as a member of the
Tribe.
SEC. 106. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such funds as may be
necessary to cover the administrative expenses of the Fund.
SEC. 107. EXTINGUISHMENT OF CLAIMS.
Upon the deposit of funds (together with interest) into the Fund
under section 104(b), all monetary claims that the Tribe has or may
have against the United States for the taking, by the United States, of
the land and property of the Tribe for the Oahe Dam and Reservoir
Project of the Pick-Sloan Missouri River Basin program shall be
extinguished.
TITLE II--BOSQUE REDONDO MEMORIAL
SEC. 201. SHORT TITLE.
This title may be cited as the ``Bosque Redondo Memorial Act''.
SEC. 202. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) in 1863, the United States detained nearly 9,000 Navajo
and forced their migration across nearly 350 miles of land to
Bosque Redondo, a journey known as the ``Long Walk'';
(2) Mescalero Apache people were also incarcerated at
Bosque Redondo;
(3) the Navajo and Mescalero Apache people labored to plant
crops, dig irrigation ditches and build housing, but drought,
cutworms, hail, and alkaline Pecos River water created severe
living conditions for nearly 9,000 captives;
(4) suffering and hardships endured by the Navajo and
Mescalero Apache people forged a new understanding of their
strengths as Americans;
(5) the Treaty of 1868 was signed by the United States and
the Navajo tribes, recognizing the Navajo Nation as it exists
today;
(6) the State of New Mexico has appropriated a total of
$123,000 for a planning study and for the design of the Bosque
Redondo Memorial;
(7) individuals and businesses in DeBaca County donated
$6,000 toward the production of a brochure relating to the
Bosque Redondo Memorial;
(8) the Village of Fort Sumner donated 70 acres of land to
the State of New Mexico contiguous to the existing 50 acres
comprising Fort Sumner State Monument, contingent on the
funding of the Bosque Redondo Memorial;
(9) full architectural plans and the exhibit design for the
Bosque Redondo Memorial have been completed;
(10) the Bosque Redondo Memorial project has the
encouragement of the President of the Navajo Nation and the
President of the Mescalero Apache Tribe, who have each
appointed tribal members to serve as project advisors;
(11) the Navajo Nation, the Mescalero Tribe and the
National Park Service are collaborating to develop a symposium
on the Bosque Redondo Long Walk and a curriculum for inclusion
in the New Mexico school curricula;
(12) an interpretive center would provide important
educational and enrichment opportunities for all Americans; and
(13) Federal financial assistance is needed for the
construction of a Bosque Redondo Memorial.
(b) Purposes.--The purposes of this title are as follows:
(1) To commemorate the people who were interned at Bosque
Redondo.
(2) To pay tribute to the native populations' ability to
rebound from suffering, and establish the strong, living
communities that have long been a major influence in the State
of New Mexico and in the United States.
(3) To provide Americans of all ages a place to learn about
the Bosque Redondo experience and how it resulted in the
establishment of strong American Indian Nations from once
divergent bands.
(4) To support the construction of the Bosque Redondo
Memorial commemorating the detention of the Navajo and
Mescalero Apache people at Bosque Redondo from 1863 to 1868.
SEC. 203. DEFINITIONS.
In this title:
(1) Memorial.--The term ``Memorial'' means the building and
grounds known as the Bosque Redondo Memorial.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Defense.
SEC. 204. BOSQUE REDONDO MEMORIAL
(a) Establishment.-- Upon the request of the State of New Mexico,
the Secretary is authorized to establish a Bosque Redondo Memorial
within the boundaries of Fort Sumner State Monument in New Mexico. No
memorial shall be established without the consent of the Navajo Nation
and the Mescalero Tribe.
(b) Components of the Memorial.--The memorial shall include--
(1) exhibit space, a lobby area that represents design
elements from traditional Mescalero and Navajo dwellings,
administrative areas that include a resource room, library,
workrooms and offices, restrooms, parking areas, sidewalks,
utilities, and other visitor facilities;
(2) a venue for public education programs; and
(3) a location to commemorate the Long Walk of the Navajo
people and the healing that has taken place since that event
SEC. 205. CONSTRUCTION OF MEMORIAL.
(a) Grant.--
(1) In general.--The Secretary may award a grant to the
State of New Mexico to provide up to 50 percent of the total
cost of construction of the Memorial.
(2) Non-federal share.--The non-Federal share of
construction costs for the Memorial shall include funds
previously expended by the State for the planning and design of
the Memorial, and funds previously expended by non-Federal
entities for the production of a brochure relating to the
Memorial.
(b) Requirements.--To be eligible to receive a grant under this
section, the State shall--
(1) submit to the Secretary a proposal that--
(A) provides assurances that the Memorial will
comply with all applicable laws, including building
codes and regulations; and
(B) includes such other information and assurances
as the Secretary may require; and
(2) enter into a Memorandum of Understanding with the
Secretary that shall include--
(A) a timetable for the completion of construction
and the opening of the Memorial;
(B) assurances that construction contracts will be
competitively awarded;
(C) assurances that the State or Village of Fort
Sumner will make sufficient land available for the
Memorial;
(D) the specifications of the Memorial which shall
comply with all applicable Federal, State, and local
building codes and laws;
(E) arrangements for the operation and maintenance
of the Memorial upon completion of construction;
(F) a description of Memorial collections and
educational programming;
(G) a plan for the design of exhibits including the
collections to be exhibited, security, preservation,
protection, environmental controls, and presentations
in accordance with professional standards;
(H) an agreement with the Navajo Nation and the
Mescalero Tribe relative to the design and location of
the Memorial; and
(I) a financing plan developed by the State that
outlines the long-term management of the Memorial,
including--
(i) the acceptance and use of funds derived
from public and private sources to minimize the
use of appropriated or borrowed funds;
(ii) the payment of the operating costs of
the Memorial through the assessment of fees or
other income generated by the Memorial;
(iii) a strategy for achieving financial
self-sufficiency with respect to the Memorial
by not later than 5 years after the date of
enactment of this Act; and
(iv) a description of the business
activities that would be permitted at the
Memorial and appropriate vendor standards that
would apply.
SEC. 206. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to carry
out this title--
(1) $1,000,000 for fiscal year 2000; and
(2) $500,000 for each of fiscal years 2001 and 2002.
(b) Carryover.--Any funds made available under this section that
are unexpended at the end of the fiscal year for which those funds are
appropriated, shall remain available for use by the Secretary through
September 30, 2002 for the purposes for which those funds were made
available.
Passed the Senate November 19, 1999.
Attest:
Secretary.
106th CONGRESS
1st Session
S. 964
_______________________________________________________________________
AN ACT
To provide for equitable compensation for the Cheyenne River Sioux
Tribe, and for other purposes.