[Congressional Record Volume 144, Number 41 (Thursday, April 2, 1998)]
[Senate]
[Pages S3120-S3122]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DASCHLE:
  S. 1905. A bill to provide for equitable compensation for the 
Cheyenne River Sioux Tribe, and for other purposes; to the Committee on 
Indian Affairs.


       the cheyenne river sioux tribe equitable compensation act

  Mr. DASCHLE. Mr. President, today I am introducing legislation to 
compensate the Cheyenne River Sioux Tribe for losses the tribe suffered 
when the Oahe dam was constructed in central South Dakota and over 
100,000 acres of tribal land was flooded. Its passage will help the 
tribe rebuild their infrastructure and their economy, which was 
seriously crippled by the Oahe project during the 1950s. It is 
extraordinary that it has taken four decades to reach this point. The 
importance of passing this long-overdue legislation as soon as possible 
cannot be stated too strongly.
  This legislation was developed with the assistance of Chairman Gregg 
Bourland and Council Member Louis Dubray of the Cheyenne River Sioux 
Tribe. Both men have worked tirelessly to bring us to this point and I 
am grateful for their assistance. This legislation represents one 
element of their progressive vision for providing the members of the 
Cheyenne River Sioux Tribe with greater opportunities for economic 
development and to fulfill the debts owed to the tribe by the federal 
government.
  The Cheyenne River Sioux Infrastructure Development Trust Fund Act is 
the companion bill to the Lower Brule Sioux Tribe Infrastructure 
Development Trust Fund Act, which passed by unanimous consent in 
November of 1997, and the Crow Creek Sioux Tribe Infrastructure 
Development Trust Fund Act of 1996, which passed the Congress 
unanimously in 1996.
  The bill is based on an extensive analysis of the impact of the Pick-
Sloan Dam Projects on the Cheyenne River Sioux Tribe, which was 
performed by the Robert McLaughlin Company. The McLaughlin report was 
reviewed by the General Accounting Office, which found that the losses 
suffered by the tribe justify the establishment of a $290 million trust 
fund,

[[Page S3121]]

which is the amount called for in this legislation.
  It represents an important step in our continuing effort to fairly 
compensate the tribes of South Dakota for the sacrifices they made 
decades ago for the construction of the dams along the Missouri River 
and will further the goal of improving the lives of Native Americans 
living on those reservations.
  To fully appreciate the need for this legislation, it is important 
for the committee to understand the historic events that are prologue 
to its development. The Oahe dam was constructed in South Dakota 
pursuant to the Flood Control Act (58 Stat. 887) of 1944. That 
legislation authorized implementation of the Missouri River Basin Pick-
Sloan Plan for water development and flood control for downstream 
states.
  The Oahe dam flooded 104,000 acres of tribal land, forcing the 
relocation of roughly 30 percent of the tribe's population, including 
four entire communities. Equally as important, the tribe lost 80 
percent of its fertile river bottom lands--lands that represented the 
basis for the tribal economy. Prior to the flooding, the tribe relied 
on these lands for firewood and building material, game, wild fruits 
and berries, as well as cover from the severe storms that characterize 
winters in South Dakota and shelter from the heat of the prairie 
summer. Indian ranchers no longer had places to shelter their cattle in 
the wintertime, causing a significant loss in the value of their 
operations.
  The loss of these important river bottom lands can be felt today. 
Last year, during the extreme winter of 1996-1997, the tribe lost 
roughly 30,000 head of livestock, including 25,000 head of cattle. 
Without adequate natural shelter, the remaining Indian ranchers along 
this stretch of river can expect to continue to have difficulty 
scratching out a living in future years when the winter turns 
particularly hard.
  Mr. President, the damage caused by the Pick-Sloan projects touched 
every aspect of life on the Cheyenne River reservation. Ninety percent 
of the timber on the reservation was wiped out, causing shortages of 
building material and firewood. Wildlife, once abundant in the river 
bottom, became more scarce. The entire lifestyle of the tribe changed 
as it was forced to relocate much of its people from the lush river 
bottom lands to the windswept prairie.
  Most Americans, if not all, are familiar with the many broken 
promises of the United States Government to Native Americans during the 
1800's. For Indian tribes located along the Missouri River in the State 
of South Dakota, the United States Government still has not met its 
responsibilities for compensation for losses suffered as a result of 
the construction of the Pick-Sloan dams. This proposed legislation is 
intended to correct that situation as it applies to the Cheyenne River 
Sioux Tribe.
  We cannot, of course, remake the lost lands and return the tribe to 
its former existence. We can, however, help provide the resources 
necessary to the tribe to improve the infrastructure on the Cheyenne 
River reservation. This, in turn, will enhance opportunities for 
economic development which will benefit all members of the tribe. 
Perhaps most importantly, it will fulfill part of our commitment to 
improve the lives of Native Americans--in this case the Cheyenne River 
Sioux.
  I strongly urge my colleagues to approve this legislation this year. 
Providing compensation to the Cheyenne River Sioux Tribe for past harm 
inflicted by the federal government is long-overdue and any further 
delay only compounds that harm. I ask unanimous consent that the entire 
text of the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1905

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

     SECTION 1. SHORT TITLE.

       (a) Short Title.--This Act may be cited as the ``Cheyenne 
     River Sioux Tribe Equitable Compensation Act''.

     SEC. 2. FINDINGS AND PURPOSES.

       (a) Findings.--The Congress finds that--
       (1) Congress approved the Pick-Sloan Missouri River Basin 
     program by passing the Act of December 22, 1944, commonly 
     known as the ``Flood Control Act of 1944'' (58 Stat. 887, 
     chapter 665; 33 U.S.C. 701-1 et seq.)--
       (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 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;
       (3) notwithstanding the contributions referred to in 
     paragraph (1), the Oahe Dam and Reservoir project has 
     contributed little to the economy of the Tribe;
       (4) the Oahe Dam and Reservoir project overlies the eastern 
     boundary of the Crow Creek Indian Reservation;
       (5) the Oahe Dam and Reservoir project has--
       (A) inundated 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; and
       (B) as a result of that inundation, severely damaged the 
     economy of the Tribe and the members of the Tribe;
       (6) the Secretary appointed a Joint Tribal Advisory 
     Committee that examined the Oahe Dam and Reservoir project 
     and that advisory committee correctly 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 
     taking described in subparagraph (A); and
       (7) after applying the same method of analysis used for the 
     compensation of similarly situated Indian tribes, the 
     Comptroller General of the United States determined the 
     amount of compensation for the taking described in paragraph 
     (6) and determined that the appropriate amount of 
     compensation to pay the Tribe for the taking would be 
     $290,722,958;
       (8) the Tribe is entitled to receiving additional financial 
     compensation for the taking described in paragraph (6)(A) in 
     a manner consistent with the determination of the Comptroller 
     General under paragraph (7); and
       (9) the establishment of a dual cash account with the 
     amounts made available to the Tribe under this Act is 
     consistent with the principles of self-governance and self-
     determination.
       (b) Purposes.--The purposes of this Act are as follows:
       (1) To provide for additional financial compensation to the 
     Tribe for the taking of 104,402 acres of land of the Tribe 
     for the Oahe Dam and Reservoir project in a manner consistent 
     with the determination of the Comptroller General of the 
     United States described in subsection (a)(7).
       (2) To provide for the establishment of the Cheyenne River 
     Sioux Recovery Account, a dual cash account to be managed by 
     the Office in order to make payments to the Tribe to carry 
     out projects under a plan prepared by the Tribe.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Account.--The term ``account'' means the Cheyenne River 
     Sioux Recovery Account established under section 4.
       (2) Cheyenne river sioux tribe; tribe.--The term ``Cheyenne 
     River Sioux Tribe'' or ``Tribe'' means the Itazipco, Siha 
     Sapa, Minnicoujou, and Oohenumpa bands of the Great Sioux 
     Nation that reside on the Cheyenne Reservation, located in 
     central South Dakota.
       (3) Fund account.--The term ``Fund Account'' means a 
     consolidated account for tribal trust funds in the Treasury 
     of the United States that--
       (A) is managed by the Secretary, through the Office, in 
     accordance with applicable law; and
       (B) as of the date of enactment of this Act, is numbered 
     14X8365.
       (4) Office.--The term ``Office'' means the Office of Trust 
     Fund Management within the Department of the Interior.
       (5) Program.--The term ``Program'' means the power program 
     of the Pick-Sloan Missouri River Basin program, administered 
     by the Western Area Power Administration.
       (6) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.

     SEC. 4. CHEYENNE RIVER SIOUX TRIBAL RECOVERY ACCOUNT.

       (a) Cheyenne River Sioux Tribal Recovery Account.--The 
     Secretary of the Treasury shall establish in the Fund Account 
     a dual cash account to be known as the ``Cheyenne River Sioux 
     Tribal Recovery Account''. The dual cash account shall have a 
     principal component and an interest component. The interest 
     component of the account shall be used to make payments to 
     the Tribe in accordance with this Act. The principal 
     component of the account may not be expended. The corpus and 
     the income of the account may be invested in accordance with 
     applicable law.
       (b) Funding.--
       (1) In general.--Subject to paragraphs (2) and (3), 
     beginning with fiscal year 1999, and for each fiscal year 
     thereafter, until such time as the aggregate of the amounts 
     deposited is $290,722,958, the Secretary of the Treasury 
     shall deposit into the fund an amount equal to 10 percent of 
     the receipts

[[Page S3122]]

     from the deposits to the Treasury of the United States for 
     the preceding fiscal year from the Program.
       (2) Percentage amount.--Beginning with fiscal year 2004, if 
     no other law provides for the compensation to parties in 
     conjunction with an applicable plan for the Program, the 
     Secretary of the Treasury shall deposit into the fund an 
     amount equal to 25 percent of the receipts from the deposits 
     to the Treasury of the United States for the preceding fiscal 
     year from the Program, until such time as the aggregate of 
     the amounts deposited into the fund from such receipts and 
     receipts deposited under paragraph (1) equals the amount 
     specified in paragraph (1).
       (3) Additional interest.--If, by the date that is 60 days 
     after the end of a fiscal year, the Secretary of the Treasury 
     fails to deposit into the fund an amount determined under 
     paragraph (1) or (2), the Secretary of the Treasury shall 
     deposit, in addition the applicable amount required to be 
     deposited under paragraph (1) or (2), interest on the amount 
     required to be deposited, determined for the period beginning 
     on the day after the termination of that 60-day period and 
     ending on the date on which the amount determined under 
     paragraph (1) or (2) is deposited, and based on a rate of 
     interest that is commonly referred to as the Treasury 
     overnight rate.
       (c) Withdrawal.--
       (1) In general.--Subject to paragraph (2), in accordance 
     with section 202 of the American Indian Trust Fund Management 
     Reform Act of 1994 (25 U.S.C. 4022), the Tribe may, in 
     accordance with that Act, voluntarily withdraw some or all of 
     the funds held in trust for the Tribe by the United States 
     and managed by the Secretary through the Office.
       (2) Limitation.--No amount of principal withdrawn under 
     this subsection may be expended by the Tribe. The Tribe may 
     withdraw funds under this subsection on the condition that 
     the Tribe may expend only the interest earned on the 
     principal.
       (e) Payment of Interest to Tribe.--In accordance with this 
     Act, the Secretary, acting through the Office, and in a 
     manner consistent with the first section of the Act of June 
     24, 1938 (52 Stat. 1037 et seq., chapter 648; 25 U.S.C. 162a) 
     shall make payments to the Tribe from the interest credited 
     to the interest component of the account, beginning at the 
     end of the first fiscal year during which interest is 
     credited to the account. The Tribe shall use the payments 
     made under this subsection only for carrying out projects and 
     programs pursuant to the plan prepared under subsection (f).
       (f) Plan.--
       (1) In general.--The governing body of the Tribe shall, not 
     later than 18 months after the date of enactment of this Act, 
     prepare a plan for the use of the payments made to the Tribe 
     under subsection (e).
       (2) Contents of plan.--The plan developed under this 
     subsection shall provide for the manner in which the Tribe 
     will expend the payments referred to in paragraph (1) 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 referred to in 
     subparagraphs (A) through (C).
       (3) Plan review and revision.--The Tribal Council of the 
     Tribe 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. The Tribal Council may, on an annual 
     basis, update the plan by revising the plan in a manner that 
     provides the members of the Tribe to review and comment on 
     any proposed revision.
       (4) Audit.--The activities of the Tribe in carrying out the 
     plan under this subsection shall be audited as part of an 
     annual audit conducted for the Tribe. The auditors that 
     conduct the audit shall include in the written findings of 
     that audit a determination whether the funds received by the 
     Tribe under this section were expended in a manner consistent 
     with this section to carry out the plan under this 
     subsection.
       (g) Transfers; Limitations.--
       (1) Withdrawal and transfer of funds.--In a manner 
     consistent with the requirements of this Act, upon request of 
     the Secretary of the Interior, the Secretary of the Treasury 
     shall withdraw amounts in the interest component of the 
     account and transfer such amounts to the Secretary of the 
     Interior for use in accordance with paragraph (2). The 
     Secretary of the Treasury may only withdraw funds from the 
     account for the purpose specificed in paragraph (2).
       (2) Payments to tribe.--The Secretary of the Interior shall 
     use the amounts transferred under paragraph (1) only for the 
     purpose of making annual payments to the Tribe.
       (4) Prohibition on per capita payments.--No portion of any 
     payment made under this subsection may be distributed to any 
     member of the Tribe on a per capita basis.

     SEC. 5. ELIGIBILITY OF TRIBE FOR CERTAIN PROGRAMS AND 
                   SERVICES.

       (a) In General.--No payment made to the Tribe pursuant to 
     this Act shall result in the reduction or denial of any 
     service or program to which, pursuant to 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.
       (b) Exemptions from Taxation.--No payment made pursuant to 
     this Act shall be subject to any Federal or State income tax.
       (c) Power Rates.--No payment made pursuant to this Act 
     shall affect Pick-Sloan Missouri River Basin power rates.

     SEC. 6. SALE OF WESTERN AREA POWER AUTHORITY.

       (a) In General.--If, before the amount specified in section 
     4(b)(1) is deposited into the Fund, the United States sells 
     or otherwise transfers title to the assets and income of the 
     Western Area Power Authority to an entity other than the 
     United States--
       (1) an amount of the proceeds from that sale equal to the 
     difference between the amount specified in section 4(b)(1) 
     and the aggregate amount that, as of the sale of power 
     authority, had been paid into the Fund, shall be deposited in 
     the Fund; or
       (2) the purchaser may assume responsibility for making 
     payments to the Treasury of the United States for deposit in 
     the Fund in amounts determined under section 4(b)(1).
       (b) Security.--If a purchaser assumes the responsibility 
     for making the payments and shall provide the Tribe with 
     appropriate security to secure those payments.
                                 ______