[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1535 Introduced in Senate (IS)]








109th CONGRESS
  1st Session
                                S. 1535

 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 SENATE OF THE UNITED STATES

                             July 28, 2005

Mr. Johnson (for himself and Mr. Thune) introduced the following bill; 
  which was read twice and referred to the Committee on Indian Affairs

_______________________________________________________________________

                                 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.

    Be it enacted by the Senate and House of Representatives 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 program, authorized 
        by section 9 of the Act of December 22, 1944 (commonly known as 
        the ``Flood Control 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 flooded the fertile 
        bottom land of the Cheyenne River Sioux Reservation, which 
        greatly damaged the economy 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 several Indian 
        tribes, including the Cheyenne River Sioux Tribe, that border 
        the Missouri River and suffered 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 compensation 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 Cheyenne River 
        Sioux Tribal Recovery Trust Fund.

SEC. 3. CHEYENNE RIVER SIOUX TRIBE EQUITABLE COMPENSATION.

    (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 subparagraphs (A) and 
        (B) and inserting the following:
                    ``(A) the United States did not justify, or fairly 
                compensate the Tribe and member landowners 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 appears.
    (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 redesignated by 
        paragraph (1)) the following:
            ``(1) Member landowner.--The term `member 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 program' 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 preceding 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 accrued on 
                        the amount described in clause (i) if that 
                        amount had been invested in accordance 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 applying 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 member landowners 
                for acquisition of land by the United States for use in 
                the Oahe Dam and Reservoir Project.
                    ``(B) Provision of records.--To assist the Tribe in 
                processing claims of heirs of member landowners for 
                land acquired by the United States for use in the Oahe 
                Dam and Reservoir Project, the Secretary of the 
                Interior shall provide to the Tribe any record 
                requested by the Tribe to identify the heirs of member 
                landowners by the date that is 60 days after the date 
                of receipt of a request from the Tribe.''.
    (d) Eligibility of Tribe for Certain Programs and Services.--
Section 105 of the Cheyenne River Sioux Tribe Equitable Compensation 
Act (Public Law 106-511; 114 Stat. 2365) is amended in the matter 
preceding paragraph (1) by inserting ``or any member landowner'' after 
``Tribe''.
                                 <all>