[Congressional Record Volume 153, Number 74 (Monday, May 7, 2007)]
[House]
[Pages H4502-H4505]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  CHEYENNE RIVER SIOUX TRIBE EQUITABLE COMPENSATION AMENDMENTS ACT OF 
                                  2007

  Mrs. NAPOLITANO. Mr. Speaker, I move to suspend the rules and pass 
the bill (H.R. 487) 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

[[Page H4503]]

Oahe Dam and Reservoir Project, and for other purposes.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                H.R. 487

       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 2007''.

     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 justly 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 paragraph (1) as paragraph (3) and 
     moving the paragraph so as to appear after paragraph (2); and
       (2) by inserting before paragraph (2) 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.''.
       (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.--On the first day of the fiscal year 
     beginning after the date of enactment of the Cheyenne River 
     Sioux Tribe Equitable Compensation Amendments Act of 2007 and 
     on the first day of each of the following 4 fiscal years 
     (referred to in this section as the `capitalization dates'), 
     the Secretary of the Treasury shall deposit into the Fund, 
     from amounts in the general fund of the Treasury--
       ``(1) $58,144,591.60; and
       ``(2) an additional amount equal to the amount of interest 
     that would have accrued if--
       ``(A) the amount described in paragraph (1) had been--
       ``(i) credited to the principal account as described in 
     subsection (c)(2)(B)(i)(I) on the first day of the fiscal 
     year beginning October 1, 2001; and
       ``(ii) invested as described in subsection (c)(2)(C) during 
     the period beginning on the date described in clause (i) and 
     ending on the last day of the fiscal year before the fiscal 
     year in which that amount is deposited into the Fund; and
       ``(B) the interest that would have accrued under 
     subparagraph (A) during the period described in subparagraph 
     (A)(ii) had been--
       ``(i) credited to the interest account under subsection 
     (c)(2)(B)(ii); and
       ``(ii) invested during that period in accordance with 
     subsection (c)(2)(D)(i).'';
       (2) by striking subsection (c) and inserting the following:
       ``(c) Investments.--
       ``(1) Eligible obligations.--Notwithstanding any other 
     provision of law, the Secretary of the Treasury shall invest 
     the Fund only in interest-bearing obligations of the United 
     States issued directly to the Fund.
       ``(2) Investment requirements.--
       ``(A) In general.--The Secretary of the Treasury shall 
     invest the Fund in accordance with this paragraph.
       ``(B) Separate investments of principal and interest.--
       ``(i) Principal account.--The amounts deposited into the 
     Fund under subsection (b)(1) shall be--

       ``(I) credited to a principal account within the Fund 
     (referred to in this paragraph as the `principal account'); 
     and
       ``(II) invested in accordance with subparagraph (C).

       ``(ii) Interest account.--

       ``(I) In general.--The interest earned from investing 
     amounts in the principal account shall be--

       ``(aa) transferred to a separate interest account within 
     the Fund (referred to in this paragraph as the `interest 
     account'); and
       ``(bb) invested in accordance with subparagraph (D).

       ``(II) Crediting.--The interest earned from investing 
     amounts in the interest account, and the amounts deposited 
     into the Fund under subsection (b)(2), shall be credited to 
     the interest account.

       ``(C) Investment of principal account.--
       ``(i) Initial investment.--Amounts in the principal account 
     shall be initially invested in eligible obligations with the 
     shortest available maturity.
       ``(ii) Subsequent investments.--

       ``(I) In general.--On the date on which the amount in the 
     principal account is divisible into 3 substantially equal 
     portions, each portion shall be invested in eligible 
     obligations that are identical (except for transferability) 
     to the next-issued publicly-issued Treasury obligations 
     having a 2-year maturity, a 5-year maturity, and a 10-year 
     maturity, respectively.
       ``(II) Maturity of obligations.--As each 2-year, 5-year, 
     and 10-year eligible obligation under subclause (I) matures, 
     the principal of the maturing eligible obligation shall be 
     initially invested in accordance with clause (i) until the 
     date on which the principal is reinvested substantially 
     equally in the eligible obligations that are identical 
     (except for transferability) to the next-issued publicly-
     issued Treasury obligations having 2-year, 5-year, and 10-
     year maturities.

       ``(iii) Discontinuation of issuance of obligations.--If the 
     Department of the Treasury discontinues issuing to the public 
     obligations having 2-year, 5-year, or 10-year maturities, the 
     principal of any maturing eligible obligation shall be 
     reinvested substantially equally in available eligible 
     obligations that are identical (except for transferability) 
     to the next-issued publicly-issued Treasury obligations with 
     maturities of longer than 1 year.
       ``(D) Investment of interest account.--
       ``(i) Before each capitalization date.--For purposes of 
     subsection (b)(2)(B), amounts considered as if they were in 
     the interest account of the Fund shall be invested in 
     eligible obligations that are identical (except for 
     transferability) to publicly-issued Treasury obligations that 
     have maturities that coincide, to the greatest extent 
     practicable, with the applicable capitalization date for the 
     Fund.
       ``(ii) On and after each capitalization date.--On and after 
     each capitalization date, amounts in the interest account 
     shall be invested and reinvested in eligible obligations that 
     are identical (except for transferability) to publicly-issued 
     Treasury obligations that have maturities that coincide, to 
     the greatest extent practicable, with the date on which the 
     amounts will be withdrawn by the Secretary of the Treasury 
     and transferred to the Secretary of the Interior for use in 
     accordance with subsection (d).
       ``(E) Par purchase price.--
       ``(i) In general.--To preserve in perpetuity the amount in 
     the principal account, the purchase price of an eligible 
     obligation purchased as an investment of the principal 
     account shall not exceed the par value of the obligation.
       ``(ii) Treatment.--At the maturity of an eligible 
     obligation described in clause (i), any discount from par in 
     the purchase price of the eligible obligation shall be 
     treated as interest paid at maturity.
       ``(F) Holding to maturity.--Eligible obligations purchased 
     pursuant to this paragraph shall be held to their maturities.
       ``(3) Annual review of investment activities.--Not less 
     frequently than once each calendar year, the Secretary of the 
     Treasury shall review with the Tribe the results of the 
     investment activities and financial status of the Fund during 
     the preceding calendar year.
       ``(4) Modifications.--
       ``(A) In general.--If the Secretary of the Treasury 
     determines that investing the Fund in accordance with 
     paragraph (2) is not practicable or would result in adverse 
     consequences to the Fund, the Secretary of the Treasury shall 
     modify the requirements to

[[Page H4504]]

     the least extent necessary, as determined by the Secretary of 
     the Treasury.
       ``(B) Consultation.--Before making a modification under 
     subparagraph (A), the Secretary of the Treasury shall consult 
     with the Tribe with respect to the modification.'';
       (3) in subsection (d), by striking paragraph (1) and 
     inserting the following:
       ``(1) Withdrawal of interest.--Beginning on the first day 
     of the fiscal year beginning after the date of enactment of 
     the Cheyenne River Sioux Tribe Equitable Compensation 
     Amendments Act of 2007, and on the first day of each fiscal 
     year thereafter, the Secretary of the Treasury shall withdraw 
     and transfer all funds in the interest account of the Fund to 
     the Secretary of the Interior for use in accordance with 
     paragraph (2), to be available without fiscal year 
     limitation.''; and
       (4) 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) Additional compensation.--
       ``(i) In general.--Except as provided in clause (iii), 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.
       ``(ii) Determination of heirs.--An heir of a member land 
     owner shall be determined pursuant to the applicable probate 
     code of the Tribe.
       ``(iii) Exception.--During any fiscal year, payments of 
     additional compensation to a member landowner under clause 
     (i) shall not--

       ``(I) be deposited or transferred into--

       ``(aa) the Individual Indian Money account of the member 
     landowner; or
       ``(bb) any other fund held by the United States on behalf 
     of the member landowner; or

       ``(II) exceed an amount equal to 44.3 percent of the amount 
     transferred by the Secretary of the Interior to the Tribe 
     under paragraph (2).

       ``(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, in accordance with applicable laws 
     (including regulations), any record requested by the Tribe to 
     identify the heirs of member landowners by the date that is 
     90 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''.
       (e) Extinguishment of Claims.--Section 107 of the Cheyenne 
     River Sioux Tribe Equitable Compensation Act (Public Law 106-
     511; 114 Stat. 2368) is amended to read as follows:

     ``SEC. 107. EXTINGUISHMENT OF CLAIMS.

       ``(a) In General.--On the date on which the final payment 
     is deposited 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 land and 
     property of the Tribe for the Oahe Dam and Reservoir Project 
     of the Pick-Sloan Missouri River Basin program shall be 
     extinguished.
       ``(b) Effect of Acceptance of Payment.--On acceptance by a 
     member landowner or an heir of a member landowner of any 
     payment by the Tribe for damages resulting from the taking by 
     the United States of land or property of the Tribe for the 
     Oahe Dam and Reservoir Project of the Pick-Sloan Missouri 
     River Basin program, all monetary claims that the member 
     landowner or heir has or may have against the United States 
     for the taking shall be extinguished.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
California (Mrs. Napolitano) and the gentleman from Colorado (Mr. 
Lamborn) each will control 20 minutes.
  The Chair recognizes the gentlewoman from California.


                             General Leave

  Mrs. NAPOLITANO. Mr. Speaker, I ask unanimous consent that all 
Members may have 5 days to revise and extend their remarks and include 
extraneous material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from California?
  There was no objection.
  Mrs. NAPOLITANO. Mr. Speaker, I yield myself such time as I may 
consume.
  I would like to commend my colleague from South Dakota, 
Representative Herseth Sandlin, for her very dedicated hard work and 
her persistence on this piece of legislation.
  H.R. 487 makes several technical corrections to address inequities 
that surfaced after the enactment of the original Cheyenne River Sioux 
Tribe Equitable Compensation Act of 2000. In short, this legislation 
provides for accelerated compensation for tribal members and landowners 
impacted by the construction of the Oahe Dam in 1962. It also satisfies 
a request from the administration to amend the underlying structure of 
the compensation fund.
  H.R. 487 will assist the tribe in addressing this loss and help to 
ensure a positive future for the Cheyenne River Sioux.
  Mr. Speaker, I yield such time as she may consume to the gentlewoman 
from South Dakota (Ms. Herseth Sandlin), the bill's sponsor, to further 
describe the legislation.
  Ms. HERSETH SANDLIN. Mr. Speaker, I want to thank Chairwoman 
Napolitano for her support of this important legislation to my 
constituents and for her leadership on the subcommittee.
  I rise today in strong support of H.R. 487, the Cheyenne River Sioux 
Tribe Equitable Compensation Amendments Act of 2007. This legislation 
is the result of a collaborative effort between the Cheyenne River 
Sioux Tribe, the South Dakota congressional delegation, the House 
Natural Resources Committee and the Department of the Treasury. I am 
very pleased to stand before my colleagues in the House today and urge 
final passage of this important bill.
  The need for this legislation began more than 50 years ago with the 
construction of a series of dams and reservoir projects along the upper 
Missouri River basin. One of those projects, the Oahe Dam and 
Reservoir, caused flooding on over 100,000 acres of the Cheyenne River 
Indian Reservation in north central South Dakota. The loss of these 
lands was particularly devastating to the tribe and included some of 
their most important cropland, wildlife habitat and spiritually 
significant places.
  Though the tribe did receive some initial compensation for this loss, 
the amount was woefully inadequate and did not reflect the magnitude of 
the loss imposed on the tribe. In 2000, Congress recognized this 
injustice when it passed legislation to provide additional compensation 
for the Cheyenne River Sioux Tribe and created a trust fund for 
additional tribal development. Unfortunately, the 2000 legislation was 
incomplete and flawed, requiring a number of amendments to the 
underlying law.
  In addition to several technical changes advocated by the Department 
of the Treasury, H.R. 487 will allow for the immediate capitalization 
of the trust fund and also give the tribe the authority to redirect a 
limited amount of the fund towards private tribal landowners. Many of 
the 100,000-plus acres that were inundated due to the dam were actually 
privately owned by tribal members. Now tribal elders, these individuals 
have been waiting decades for fair compensation and will finally have 
that opportunity.
  Not only will H.R. 487 capitalize the fund to allow immediate 
implementation of the tribe's poverty reduction program, it will help 
to right a historic wrong and ultimately saves the Federal Government 
approximately $9 million.
  The merits of this legislation are clear, both through its history 
and the spirit of bipartisan collaboration that brought it to the floor 
today.
  I urge my colleagues to join me in supporting H.R. 487.
  Mr. LAMBORN. Mr. Speaker, I yield myself as much time as I may 
consume.
  This well-intended legislation improves current law by directly 
compensating landowners whose tribal lands were flooded by the 
construction of the Federal Oahe Dam in South Dakota. It also releases 
Federal funding to the Cheyenne River Sioux who were affected by the 
dam and, in doing so, reduces Federal taxpayer expenditures throughout 
the life of the program.
  In the last Congress, this bill had major issues, but all parties 
worked in good faith to resolve their disagreements. It now enjoys 
broad support.
  We have no objection to this legislation and urge its adoption.

                              {time}  1530

  Mr. Speaker, I yield back the balance of my time.
  Mrs. NAPOLITANO. Mr. Speaker, we have no objection to this 
noncontroversial bill. I would like to thank my colleague on the other 
side and also, especially, the sponsor of the bill, Ms.

[[Page H4505]]

Herseth Sandlin, for her very hard work and strong leadership.
  Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from California (Mrs. Napolitano) that the House suspend 
the rules and pass the bill, H.R. 487.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

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