[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3648 Reported in Senate (RS)]

                                                       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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Pick-Sloan Tribal 
Commission Act of 2010''.</DELETED>

<DELETED>SEC. 2. FINDINGS.</DELETED>

<DELETED>    Congress finds that--</DELETED>
        <DELETED>    (1) the Pick-Sloan Missouri River Basin Program 
        (known as the ``Pick-Sloan 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 approved--</DELETED>
                <DELETED>    (A) to promote the general economic 
                development of the United States;</DELETED>
                <DELETED>    (B) to provide for irrigation above Sioux 
                City, Iowa;</DELETED>
                <DELETED>    (C) to protect urban and rural areas from 
                devastating floods of the Missouri River; and</DELETED>
                <DELETED>    (D) for other purposes;</DELETED>
        <DELETED>    (2) the United States acquired 1,422,000 acres of 
        land in the States of North Dakota, South Dakota, and Nebraska 
        for--</DELETED>
                <DELETED>    (A) the building of mainstem Missouri 
                River dams at Garrison, Oahe, Big Bend, Fort Randall, 
                and Gavin's Point; and</DELETED>
                <DELETED>    (B) the creation of reservoirs behind the 
                dams named Lake Sakakawea, Lake Oahe, Lake Sharpe, Lake 
                Francis Case, and Lake Gavin, respectively;</DELETED>
        <DELETED>    (3) the construction of the dams and creation of 
        the reservoirs described in paragraph (2) included the taking 
        of title to land located on the reservations of 7 Indian tribes 
        (but did not diminish the reservations), including the taking 
        of--</DELETED>
                <DELETED>    (A) 156,000 acres from the Fort Berthold 
                reservation;</DELETED>
                <DELETED>    (B) 55,994 acres from the Standing Rock 
                reservation;</DELETED>
                <DELETED>    (C) 104,420 acres from the Cheyenne River 
                reservation;</DELETED>
                <DELETED>    (D) 22,955 acres from the Lower Brule 
                reservation;</DELETED>
                <DELETED>    (E) 15,565 acres from the Crow Creek 
                reservation;</DELETED>
                <DELETED>    (F) 3,252 acres from the Yankton 
                reservation; and</DELETED>
                <DELETED>    (G) 1,703 acres from the Santee 
                reservation;</DELETED>
        <DELETED>    (4)(A) the water impounded by the Garrison, Oahe, 
        Big Bend, Fort Randall, and Gavin's Point projects of the Pick-
        Sloan Program flooded the most fertile and wooded bottom land 
        of the 7 Indian tribes referred to in paragraph (3) along the 
        Missouri River;</DELETED>
        <DELETED>    (B) that land constituted the most productive 
        agricultural, hunting, and collecting land of those Indian 
        tribes; and</DELETED>
        <DELETED>    (C) the majority of the community infrastructure 
        of each tribe was also located on the land;</DELETED>
        <DELETED>    (5) the flooding of the productive land described 
        in paragraph (4) greatly damaged the economy and cultural 
        resources of the 7 Indian tribes;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (B) the operation of the dams creates 
        disproportionate hardships for the Indian tribes, including--
        </DELETED>
                <DELETED>    (i) poor water quality;</DELETED>
                <DELETED>    (ii) increased trespassing and theft or 
                damage to cultural resources;</DELETED>
                <DELETED>    (iii) artificial sediment deposits that 
                impact water infrastructure and contain unknown 
                contaminants;</DELETED>
                <DELETED>    (iv) harming fisheries, including loss of 
                reservoir retention time;</DELETED>
                <DELETED>    (v) damage to riparian habitat; 
                and</DELETED>
                <DELETED>    (vi) increased recreational traffic and 
                impacts, but with few opportunities to regulate or 
                benefit from recreational uses;</DELETED>
        <DELETED>    (7) Congress held a number of hearings and 
        promoted studies of the impacts to those tribes, pursuant to 
        which representatives of the tribes testified on impacts to 
        tribal economies, health, and welfare from the flooding of that 
        land;</DELETED>
        <DELETED>    (8)(A) Congress has established prior commissions 
        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 examine and make 
        recommendations with respect to the effects of the impoundment 
        of water behind the Garrison and Oahe Dams;</DELETED>
        <DELETED>    (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 Affiliated Tribes and the Standing Rock 
        Sioux Tribe;</DELETED>
        <DELETED>    (C) the Committee delivered a final report to the 
        Secretary on May 23, 1986;</DELETED>
        <DELETED>    (D) in 1992, Congress passed the Three Affiliated 
        Tribes and Standing Rock Sioux Tribe Equitable Compensation Act 
        (title XXXV of Public Law 102-575; 106 Stat. 4731) to address 
        certain findings of the Committee; and</DELETED>
        <DELETED>    (E) a number of the findings of the Committee 
        still have not been addressed as of the date of enactment of 
        this Act;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (B) on 17 different occasions, as part of 14 
        different Acts of Congress, compensation was authorized for the 
        7 affected Indian tribes; and</DELETED>
        <DELETED>    (C) 1 tribe also received compensation through a 
        court case; and</DELETED>
        <DELETED>    (10) a single comprehensive bill is needed to 
        resolve and finally settle the claims of the affected Indian 
        tribes because past compensation--</DELETED>
                <DELETED>    (A) was provided at different levels and 
                based on different compensation methods, depending on 
                the historical time period during which the 
                compensation was provided; and</DELETED>
                <DELETED>    (B) resulted in each of the 7 Indian 
                tribes being compensated differently.</DELETED>

<DELETED>SEC. 3. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Affected indian tribe.--The term ``affected 
        Indian tribe'' means any of--</DELETED>
                <DELETED>    (A) the Cheyenne River Sioux 
                Tribe;</DELETED>
                <DELETED>    (B) the Crow Creek Sioux Tribe;</DELETED>
                <DELETED>    (C) the Lower Brule Sioux Tribe;</DELETED>
                <DELETED>    (D) the Santee Sioux Tribe;</DELETED>
                <DELETED>    (E) the Standing Rock Sioux 
                Tribe;</DELETED>
                <DELETED>    (F) the Three Affiliated Tribes; 
                and</DELETED>
                <DELETED>    (G) the Yankton Sioux Tribe.</DELETED>
        <DELETED>    (2) Commission.--The term ``Commission'' means the 
        Pick-Sloan Tribal Commission for Comprehensive Resolution 
        established by section 4(a)(1).</DELETED>
        <DELETED>    (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).</DELETED>

<DELETED>SEC. 4. PICK-SLOAN TRIBAL COMMISSION FOR COMPREHENSIVE 
              RESOLUTION.</DELETED>

<DELETED>    (a) Establishment of Commission.--</DELETED>
        <DELETED>    (1) Establishment.--There is established a 
        commission to be known as the ``Pick-Sloan Tribal Commission 
        for Comprehensive Resolution''.</DELETED>
        <DELETED>    (2) Membership.--</DELETED>
                <DELETED>    (A) In general.--The Commission shall be 
                composed of 7 members, of whom--</DELETED>
                        <DELETED>    (i) 1 shall be the Chairperson of 
                        the Commission;</DELETED>
                        <DELETED>    (ii) at least 1 shall have 
                        expertise in the field of Indian law and 
                        policy;</DELETED>
                        <DELETED>    (iii) at least 1 shall have 
                        expertise in the operation and history of 
                        Federal water projects;</DELETED>
                        <DELETED>    (iv) 1 shall have expertise in the 
                        area of environmental justice;</DELETED>
                        <DELETED>    (v) 1 shall be an economist; 
                        and</DELETED>
                        <DELETED>    (vi) at least 1 shall be an 
                        authority in cultural preservation.</DELETED>
                <DELETED>    (B) Tribal membership.--Of the 7 members 
                selected for the Commission, at least 3 shall be 
                members of federally recognized Indian 
                tribes.</DELETED>
                <DELETED>    (C) Selection of commission.--</DELETED>
                        <DELETED>    (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--</DELETED>
                                <DELETED>    (I) select the 7 
                                Commission members; and</DELETED>
                                <DELETED>    (II) appoint 1 of the 
                                members to serve as Chairperson of the 
                                Commission.</DELETED>
                        <DELETED>    (ii) Recommendations.--The 
                        affected Indian tribes may make recommendations 
                        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 Representatives regarding members of the 
                        Commission.</DELETED>
                <DELETED>    (D) Deadline for appointment.--All members 
                of the Commission shall be appointed not later than 60 
                days after the date of enactment of this Act.</DELETED>
        <DELETED>    (3) Term; vacancies.--</DELETED>
                <DELETED>    (A) Term.--A member shall be appointed for 
                the life of the Commission.</DELETED>
                <DELETED>    (B) Vacancies.--A vacancy on the 
                Commission--</DELETED>
                        <DELETED>    (i) shall not affect the powers of 
                        the Commission; and</DELETED>
                        <DELETED>    (ii) shall be filled in the same 
                        manner as the original appointment was 
                        made.</DELETED>
        <DELETED>    (4) Initial meeting.--Not later than 30 days after 
        the date on which all members of the Commission have been 
        appointed, the Commission shall hold the initial meeting of the 
        Commission.</DELETED>
        <DELETED>    (5) Meetings.--The Commission shall meet at the 
        call of the Chairperson.</DELETED>
        <DELETED>    (6) Quorum.--A majority of the members of the 
        Commission shall constitute a quorum, but a lesser number of 
        members may hold hearings.</DELETED>
        <DELETED>    (7) Nonapplicability of faca.--The Federal 
        Advisory Committee Act (5 U.S.C. App.) shall not apply to the 
        Commission.</DELETED>
<DELETED>    (b) Duties.--</DELETED>
        <DELETED>    (1) In general.--In carrying out this section, the 
        Commission shall consult with the affected Indian 
        tribes.</DELETED>
        <DELETED>    (2) Study.--The Commission shall conduct a study 
        of--</DELETED>
                <DELETED>    (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--</DELETED>
                        <DELETED>    (i) the impacts on the affected 
                        Indian tribes, directly or indirectly, caused 
                        by the Pick-Sloan Program; and</DELETED>
                        <DELETED>    (ii) measures implemented by the 
                        Federal Government to attempt to address those 
                        impacts;</DELETED>
                <DELETED>    (B) other measures that have been proposed 
                to address the impacts on the affected Indian tribes 
                caused by the Pick-Sloan Program;</DELETED>
                <DELETED>    (C) the results of any other studies 
                regarding 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</DELETED>
                <DELETED>    (D) comparisons involving other situations 
                in which Federal hydroelectric projects or federally 
                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.</DELETED>
        <DELETED>    (3) Hearings.--</DELETED>
                <DELETED>    (A) In general.--In carrying out paragraph 
                (2), the Commission shall hold at least 3 hearings to 
                receive information from Federal agencies, Indian 
                tribes, and other interested parties regarding the 
                resolution of Pick-Sloan Program impacts.</DELETED>
                <DELETED>    (B) Public participation.--A hearing under 
                this paragraph shall be open to the public.</DELETED>
                <DELETED>    (C) Records.--For each hearing under this 
                paragraph, the Commission shall--</DELETED>
                        <DELETED>    (i) compile a record consisting of 
                        transcripts, written testimony, studies, and 
                        other information presented at the hearing; 
                        and</DELETED>
                        <DELETED>    (ii) include the record in the 
                        report of the Commission required under 
                        paragraph (5), as an appendix in electronic 
                        format.</DELETED>
        <DELETED>    (4) Comprehensive resolution.--</DELETED>
                <DELETED>    (A) In general.--Based on the results of 
                the study under paragraph (2), and hearings under 
                paragraph (3), the Commission shall develop a proposal 
                to comprehensively resolve the impacts to the affected 
                Indian tribes resulting from the Pick-Sloan 
                Program.</DELETED>
                <DELETED>    (B) Inclusions.--The proposal under 
                subparagraph (A) shall include--</DELETED>
                        <DELETED>    (i) a comprehensive proposal for a 
                        program to provide full and final compensation 
                        to the affected Indian tribes;</DELETED>
                        <DELETED>    (ii) a description of the measures 
                        referred to in paragraph (2) that--</DELETED>
                                <DELETED>    (I) have not been 
                                implemented;</DELETED>
                                <DELETED>    (II) could be implemented; 
                                or</DELETED>
                                <DELETED>    (III) should be 
                                implemented in a more effective 
                                manner;</DELETED>
                        <DELETED>    (iii) relevant measures that could 
                        be accomplished administratively;</DELETED>
                        <DELETED>    (iv) relevant measures that would 
                        require legislation to be implemented; 
                        and</DELETED>
                        <DELETED>    (v) any other measures necessary 
                        to comprehensively resolve the impacts of the 
                        Pick-Sloan Program on the affected Indian 
                        tribes.</DELETED>
        <DELETED>    (5) Report.--</DELETED>
                <DELETED>    (A) In general.--Subject to subparagraph 
                (B), not later than 18 months after the date on which 
                the first meeting of the Commission takes place, the 
                Commission shall submit to the President and Congress a 
                report that contains--</DELETED>
                        <DELETED>    (i) a detailed statement of the 
                        study findings and conclusions of the 
                        Commission; and</DELETED>
                        <DELETED>    (ii) the proposal of the 
                        Commission for such legislation and 
                        administrative actions as the Commission 
                        considers to be appropriate to resolve the 
                        impacts on the affected Indian tribes caused by 
                        the Pick-Sloan Program.</DELETED>
                <DELETED>    (B) Extension.--The deadline described in 
                subparagraph (A) may be extended for a period of not 
                more than 180 days if the Commission submits to the 
                Committee on Indian Affairs of the Senate and the 
                Committee on Natural Resources of the House of 
                Representatives a request for the extension that--
                </DELETED>
                        <DELETED>    (i) is received by the Committees 
                        before the deadline described in subparagraph 
                        (A); and</DELETED>
                        <DELETED>    (ii) includes a description of the 
                        reasons why the extension is needed.</DELETED>
        <DELETED>    (6) Website.--</DELETED>
                <DELETED>    (A) In general.--The Commission shall 
                maintain a website for the period beginning on the date 
                on which the first meeting of the Commission takes 
                place and ending on the date that is 180 days after the 
                date of termination of the Commission.</DELETED>
                <DELETED>    (B) Requirements.--The Commission shall 
                use the website--</DELETED>
                        <DELETED>    (i) to describe the activities of 
                        the Commission;</DELETED>
                        <DELETED>    (ii) to provide access to 
                        information studied by the 
                        Commission;</DELETED>
                        <DELETED>    (iii) to provide notice of, and 
                        make available all information presented at, 
                        hearings of the Commission; and</DELETED>
                        <DELETED>    (iv) to post the report (including 
                        all appendices to that report) of the 
                        Commission required under paragraph 
                        (5).</DELETED>
                <DELETED>    (C) Archiving of website content.--At the 
                time at which the website of the Commission is 
                terminated, all content on the website shall be--
                </DELETED>
                        <DELETED>    (i) collected on compact disk, 
                        digital video disk, or other appropriate 
                        digital media; and</DELETED>
                        <DELETED>    (ii) included in the report to be 
                        submitted under paragraph (5).</DELETED>
<DELETED>    (c) Powers.--</DELETED>
        <DELETED>    (1) Hearings.--The Commission may hold such 
        hearings, meet and act at such times and places, take such 
        testimony, and receive such evidence as the Commission 
        considers to be advisable to carry out this Act.</DELETED>
        <DELETED>    (2) Information from federal agencies.--</DELETED>
                <DELETED>    (A) In general.--The Commission may secure 
                directly from a Federal agency such information as the 
                Commission considers to be necessary to carry out this 
                Act.</DELETED>
                <DELETED>    (B) Provision of information.--On request 
                of the Chairperson of the Commission, the head of an 
                applicable Federal agency shall provide the information 
                to the Commission.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (4) Gifts.--The Commission may accept, use, and 
        dispose of gifts or donations of services or 
        property.</DELETED>
<DELETED>    (d) Commission Personnel Matters.--</DELETED>
        <DELETED>    (1) Compensation of members.--Each member of the 
        Commission shall be compensated at a rate equal to the daily 
        equivalent of the annual rate 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 performance of the duties of 
        the Commission.</DELETED>
        <DELETED>    (2) Travel expenses.--Each member of the 
        Commission shall be allowed travel expenses, including per diem 
        in lieu of subsistence, at rates authorized 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.</DELETED>
        <DELETED>    (3) Staff.--</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (B) Confirmation of executive director.--
                The employment of an executive director shall be 
                subject to confirmation by the Commission.</DELETED>
                <DELETED>    (C) Compensation.--</DELETED>
                        <DELETED>    (i) In general.--Except as 
                        provided in subparagraph (B), the Chairperson 
                        of the Commission may fix the compensation of 
                        the executive director and other personnel 
                        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.</DELETED>
                        <DELETED>    (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.</DELETED>
                <DELETED>    (D) Detail of federal government 
                employees.--</DELETED>
                        <DELETED>    (i) In general.--An employee of 
                        the Federal Government may be detailed to serve 
                        as staff for the Commission without 
                        reimbursement.</DELETED>
                        <DELETED>    (ii) Civil service status.--The 
                        detail of the employee shall be without 
                        interruption or loss of civil service status or 
                        privilege.</DELETED>
        <DELETED>    (4) Human resources support.--The Commission may 
        request the Secretary of Defense to provide, and the Secretary 
        of Defense shall provide, through human resource departments 
        under the jurisdiction of the Secretary of Defense, on a 
        reimbursable basis, operational support for activities of the 
        Commission.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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 determines to be necessary.</DELETED>
        <DELETED>    (7) Procurement of temporary and intermittent 
        services.--The Chairperson of the Commission 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 of basic pay prescribed for level V of the 
        Executive Schedule under section 5316 of that title.</DELETED>
<DELETED>    (e) Termination of Commission.--The Commission shall 
terminate 90 days after the date on which the Commission submits the 
report of the Commission under subsection (b)(5).</DELETED>

<DELETED>SEC. 5. FUNDING.</DELETED>

<DELETED>    (a) Authorization of Appropriations.--There are authorized 
to be appropriated such sums as are necessary to carry out this Act for 
each of fiscal years 2010 and 2011, to remain available until 
expended.</DELETED>
<DELETED>    (b) Transfer of Funds in Lieu of Appropriation.--
</DELETED>
        <DELETED>    (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 Commission, the Secretary 
        of the Interior or the Secretary 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.</DELETED>
        <DELETED>    (2) Availability.--Amounts transferred to the 
        Commission under paragraph (1) shall remain available until the 
        earlier of--</DELETED>
                <DELETED>    (A) the date of termination of the 
                Commission; or</DELETED>
                <DELETED>    (B) the date on which amounts that are 
                sufficient to carry out this Act are made 
                available.</DELETED>

<DELETED>SEC. 6. SAVINGS CLAUSE.</DELETED>

<DELETED>    Nothing in this Act diminishes, changes, or otherwise 
affects--</DELETED>
        <DELETED>    (1) the water rights of the affected Indian 
        tribes;</DELETED>
        <DELETED>    (2) any other right (including treaty rights) of 
        the affected Indian tribes;</DELETED>
        <DELETED>    (3) the status of Indian reservation land or the 
        boundaries of any reservation of an Indian tribe; or</DELETED>
        <DELETED>    (4) any Congressional authorization of 
        appropriations for the benefit of the affected Indian 
        tribes.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Pick-Sloan Tribal Commission Act of 
2010''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the Pick-Sloan Missouri River Basin Program (known as 
        the ``Pick-Sloan 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 approved--
                    (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 United States acquired approximately 1,422,000 
        acres of land in the States of North Dakota, South Dakota, and 
        Nebraska for--
                    (A) the building of mainstem Missouri River dams at 
                Garrison, Oahe, Big Bend, Fort Randall, and Gavin's 
                Point; and
                    (B) the creation of reservoirs behind the dams 
                named Lake Sakakawea, Lake Oahe, Lake Sharpe, Lake 
                Francis Case, and Lewis and Clark Lake, respectively;
            (3) the construction of the dams and creation of the 
        reservoirs described in paragraph (2) included the taking of 
        title to land located on the reservations of 7 Indian tribes 
        (but did not diminish the reservations), including the taking 
        of approximately--
                    (A) 156,000 acres from the Fort Berthold 
                Reservation;
                    (B) 55,994 acres from the Standing Rock Sioux 
                Reservation;
                    (C) 104,420 acres from the Cheyenne River Sioux 
                Reservation;
                    (D) 22,955 acres from the Lower Brule Sioux 
                Reservation;
                    (E) 15,565 acres from the Crow Creek Sioux 
                Reservation;
                    (F) 3,252 acres from the Yankton Sioux Reservation; 
                and
                    (G) 1,007 acres from the Santee Sioux Reservation;
            (4)(A) the water impounded by the Garrison, Oahe, Big Bend, 
        Fort Randall, and Gavin's Point dams of the Pick-Sloan Program 
        flooded the most fertile and wooded bottom land of the 7 Indian 
        tribes and reservations referred to in paragraph (3) along the 
        Missouri River;
            (B) that land constituted the most productive agricultural, 
        hunting, and collecting land of those Indian tribes; and
            (C) the majority of the community infrastructure of each 
        Indian 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 the 7 Indian tribes reside on the Missouri 
        River, the economic benefits of the Pick-Sloan Program have not 
        been passed on to those Indian tribes; rather
            (B) the operation of the dams creates disproportionate 
        hardships for the 7 Indian tribes, including--
                    (i) poor water quality;
                    (ii) increased trespassing and theft or damage to 
                cultural resources;
                    (iii) artificial sediment deposits that impact 
                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 impacts, 
                but with few opportunities to regulate or benefit from 
                recreational uses;
            (7) Congress held a number of hearings and promoted studies 
        of the impacts to the 7 Indian tribes, pursuant to which 
        representatives of the 7 Indian tribes testified on impacts to 
        tribal economies, health, and welfare from the flooding of that 
        land;
            (8)(A) Congress has established prior commissions 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 examine and make recommendations with 
        respect to the effects of the impoundment of water behind the 
        Garrison 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 Affiliated 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 Affiliated Tribes 
        and Standing Rock Sioux Tribe Equitable Compensation Act (title 
        XXXV of Public Law 102-575; 106 Stat. 4731) to address certain 
        findings of the Committee; and
            (E) a number of the findings of the Committee still have 
        not been addressed as of the date of enactment of this Act;
            (9)(A) before the date of enactment of this Act, Congress 
        provided compensation to the 7 Indian tribes for the land taken 
        from the 7 Indian tribes over a 55-year period;
            (B) on 17 different occasions, as part of 14 different Acts 
        of Congress, compensation was authorized for the 7 Indian 
        tribes; and
            (C) at least 1 of the 7 Indian tribes also received 
        compensation through a court case; and
            (10) a single comprehensive bill is needed to resolve and 
        finally settle the claims of the 7 Indian tribes because past 
        compensation--
                    (A) was provided at different levels and based on 
                different compensation methods, depending on the 
                historical time period during which the compensation 
                was provided; and
                    (B) resulted in each of the 7 Indian tribes being 
                compensated differently.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Affected indian tribe.--The term ``affected 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 Comprehensive 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 COMPREHENSIVE 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.--
                    (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) at least 1 shall have expertise in the 
                        area of environmental justice;
                            (v) at least 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 Indian 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--
                                    (I) select the 7 Commission 
                                members; and
                                    (II) appoint 1 of the members to 
                                serve as Chairperson of the Commission.
                            (ii) Recommendations.--The affected Indian 
                        tribes may make recommendations 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 
                        Representatives 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 enactment 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 Commission--
                            (i) shall not affect the powers of the 
                        Commission; and
                            (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 Commission 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) In general.--A majority of the members of the 
                Commission shall constitute a quorum.
                    (B) Requirement.--A quorum shall be necessary for 
                the Commission to carry out any of the duties or 
                responsibilities of the Commission under this Act.
            (7) Rules for conduct.--The Commission may establish, by 
        majority vote, rules for the conduct of Commission business, in 
        accordance with this Act and other applicable law.
            (8) 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 Indian 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--
                            (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 proposed to 
                address the impacts on the affected Indian tribes 
                caused by the Pick-Sloan Program;
                    (C) the results of any other studies regarding 
                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 federally 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) Member landowners.--The Commission may also study the 
        impacts caused by the Pick-Sloan Program to land (including 
        land allotted under any Federal law) that is--
                    (A) owned by members of an affected Indian tribe 
                (or the heirs of those members); and
                    (B) is on the reservation of the affected Indian 
                tribe.
            (4) Hearings.--
                    (A) In general.--In carrying out paragraph (2) and, 
                if applicable, paragraph (3), the Commission shall hold 
                at least 3 hearings to receive information from Federal 
                agencies, Indian tribes, and other interested parties 
                regarding the resolution of Pick-Sloan Program impacts.
                    (B) Witness expenses.--
                            (i) In general.--A witness requested to 
                        appear before the Commission shall be paid the 
                        same fees and allowances as are paid to 
                        witnesses under section 1821 of title 28, 
                        United States Code.
                            (ii) Source of funds.--The per diem and 
                        mileage allowances for a witness under clause 
                        (i) shall be paid from funds made available to 
                        the Commission.
                    (C) Public participation.--A hearing under this 
                paragraph shall be open to the public.
                    (D) Records.--For each hearing under this 
                paragraph, the Commission shall--
                            (i) compile a record consisting of 
                        transcripts, written testimony, studies, and 
                        other information presented at the hearing; and
                            (ii) include the record in the report of 
                        the Commission required under paragraph (6), as 
                        an appendix in electronic format.
            (5) Proposal for comprehensive resolution.--
                    (A) In general.--Based on the results of the study 
                under paragraph (2), any study under paragraph (3), and 
                hearings under paragraph (4), the Commission shall 
                develop a proposal to comprehensively resolve the 
                impacts resulting from the Pick-Sloan Program.
                    (B) Contents.--
                            (i) In general.--The proposal under 
                        subparagraph (A) shall include--
                                    (I) a comprehensive proposal to 
                                provide full and final compensation to 
                                the affected Indian tribes;
                                    (II) a description of the measures 
                                referred to in paragraph (2) that--
                                            (aa) have not been 
                                        implemented;
                                            (bb) could be implemented; 
                                        or
                                            (cc) should be implemented 
                                        in a more effective manner;
                                    (III) measures that could be 
                                accomplished administratively;
                                    (IV) measures that would require 
                                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.
                            (ii) Member landowners.--The proposal under 
                        subparagraph (A) may also include measures to 
                        resolve the impacts to land (including land 
                        allotted under any Federal law) that is--
                                    (I) owned by members of an affected 
                                Indian tribe (or the heirs of those 
                                members); and
                                    (II) is on the reservation of the 
                                affected Indian tribe.
            (6) Report.--
                    (A) In general.--Subject to subparagraph (B), not 
                later than 18 months after the date on which the first 
                meeting of the Commission takes place, the Commission 
                shall submit to the President and Congress a report 
                that contains--
                            (i) a detailed statement of the study 
                        findings and conclusions of the Commission; and
                            (ii) the proposal of the Commission 
                        developed under paragraph (5) for legislation 
                        and administrative actions that the Commission 
                        considers to be appropriate to comprehensively 
                        resolve the impacts caused by the Pick-Sloan 
                        Program.
                    (B) Extension.--The deadline described in 
                subparagraph (A) may be extended for a period of not 
                more than 180 days if the Commission submits to the 
                Committee on Indian Affairs of the Senate and the 
                Committee on Natural Resources of the House of 
                Representatives a request for the extension that--
                            (i) is received by the Committees before 
                        the deadline described in subparagraph (A); and
                            (ii) includes a description of the reasons 
                        why the extension is needed.
            (7) Website.--
                    (A) In general.--The Commission shall maintain a 
                website for the period beginning on the date on which 
                the first meeting of the Commission takes place and 
                ending on the date on which the Commission is 
                terminated.
                    (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 Commission 
                        required under paragraph (6).
                    (C) Archiving of website content.--At the time at 
                which the Commission submits the report under paragraph 
                (6), 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 submitted 
                        under paragraph (6).
    (c) Powers.--
            (1) Hearings.--The Commission may hold such hearings, meet 
        and act at such times and places, take such testimony, and 
        receive such evidence 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 information as the 
                Commission considers to be necessary to carry out this 
                Act.
                    (B) Provision of information.--On request 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 property.
    (d) Commission Personnel Matters.--
            (1) Compensation of members.--Each member of the Commission 
        shall be compensated at a rate equal to the daily equivalent of 
        the annual rate 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 performance of the duties of the 
        Commission.
            (2) Travel expenses.--Each member of the Commission shall 
        be allowed travel expenses, including per diem in lieu of 
        subsistence, at rates authorized 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 director.--The 
                employment of an executive director shall be subject to 
                confirmation by a quorum of the Commission.
                    (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 personnel 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 detail of 
                        the employee shall be without interruption or 
                        loss of civil service status or privilege.
            (4) Human resources support.--The Commission may request 
        the Secretary of Defense to provide, and the Secretary of 
        Defense shall provide, through human resource departments under 
        the jurisdiction of the Secretary of Defense, on a reimbursable 
        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 
        determines to be necessary.
            (7) Procurement of temporary and intermittent services.--
        The Chairperson of the Commission 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 of basic pay 
        prescribed for level V of the Executive Schedule under section 
        5316 of that title.
    (e) Termination of Commission.--The Commission shall terminate 90 
days after the date on which the Commission submits the report of the 
Commission under subsection (b)(6).

SEC. 5. FUNDING.

    Subject to the approval of the appropriate committees of Congress, 
out of any unobligated amounts made available to the Secretary of the 
Interior, the Secretary may use to carry out this Act not more than 
$2,500,000.

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 appropriations for 
        the benefit of the affected Indian tribes.
                                                       Calendar No. 680

111th CONGRESS

  2d Session

                                S. 3648

                          [Report No. 111-357]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                            December 8, 2010

                       Reported with an amendment