[Congressional Record Volume 144, Number 105 (Thursday, July 30, 1998)]
[Senate]
[Pages S9481-S9482]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




     CHEYENNE RIVER SIOUX TRIBE EQUITABLE COMPENSATION ACT OF 1998

 Mr. JOHNSON. Mr. President, I rise today to express my support 
as a cosponsor of S. 1905, the Cheyenne River Sioux Tribe Equitable 
Compensation Act of 1998. This extremely important issue is the highest 
priority for the Cheyenne River Sioux tribe and will have a positive 
and lasting impact on the Cheyenne River reservation community and the 
entire State of South Dakota. I have worked closely with the Indian 
Affairs Committee to insure that this legislation protects the future 
interests of tribal members, and I am pleased that the bill reported by 
the Committee reflects these concerns. I am committed to seeing that 
the bill receive strong Senate support, and look forward to working 
with my colleagues to ensure that the bill moves forward for approval 
by the full Senate.

[[Page S9482]]

  The Cheyenne River Sioux Tribe Equitable Compensation Act would 
establish a trust fund within the Department of the Treasury for the 
development of certain tribal infrastructure projects for the Cheyenne 
River Tribe as compensation for lands lost to federal public works 
projects. The trust fund would be capitalized from a small percentage 
of hydropower revenues and would be capped at $290 million. Independent 
research has concluded that the economic loss to the tribe justifies 
such a compensation fund. The tribe would then receive the interest 
from the fund to be used according to a development plan based on 
legislation previously passed by Congress, and prepared in conjunction 
with the Bureau of Indian Affairs and the Indian Health Service.
  This type of funding mechanism has seen unanimous support in the 
Congress though recent passage of the Lower Brule Sioux Tribe 
Infrastructure Development Trust Fund Act as well as the Crow Creek 
legislation passed last Congress. Precedent for these infrastructure 
development trust funds capitalized through hydro-power revenue was 
established with the Three Affiliated Tribes and Standing Rock Sioux 
Tribe Equitable Compensation Act of 1992, which set up a recovery fund 
financed entirely from a percentage of Pick-Sloan power revenues to 
compensate the tribes for lands lost to Pick-Sloan.
  I believe it is important for the Senate to understand the historic 
context of this proposed compensation. As you may know, the Flood 
Control Act of 1944 created five massive earthen dams along the 
Missouri River. Known as the Pick-Sloan Plan, this public works project 
has since provided much-needed flood control, irrigation, and 
hydropower for communities along the Missouri. Four of the Pick-Sloan 
dams are located in South Dakota and the benefits of the project have 
proven indispensable to the people of my State.
  Unfortunately, construction of the Big Bend and Fort Randall dams was 
severely detrimental to economic and agricultural development for 
several of South Dakota's tribes, including Cheyenne River. Over 
100,000 acres of the tribe's most fertile and productive land, the 
basis for the tribal economy, were inundated, forcing the relocation of 
roughly 30 percent of the tribe's population, including four entire 
communities.
  The Cheyenne River Sioux Tribe Equitable Compensation Act of 1998 
will enable the Cheyenne River Tribe to address and improve their 
infrastructure and will provide the needed resources for further 
economic development within the Cheyenne River reservation community. 
However, the damage caused by the Pick-Sloan projects touched every 
aspect of life in South Dakota, on and off reservation. The economic 
development goal targeted in this approach is a pressing issue for 
surrounding communities off reservation as well, because every effort 
toward healthy local economies in rural South Dakota resonates 
throughout the State.
  Language included in this bill would prohibit any increase in power 
rates in connection with the trust fund. This legislation has broad 
support in South Dakota. South Dakota Governor Bill Janklow has 
endorsed this type of funding mechanism for the compensation of South 
Dakota tribes, and fully supports S. 1905.
  Mr. President, the tribes in my State experience some of the most 
extreme poverty and unemployment in this country. Under the current 
Chairman, Gregg Bourland, the Cheyenne River Sioux Tribe has been a 
leader in economic development initiatives within the reservation 
community and I believe this bill will reinforce and further the 
economic development successes of the tribe. I look forward to 
educating my colleagues about the importance of this bill to the 
Cheyenne River Sioux Tribe and I encourage swift Senate action on this 
bill.

                          ____________________