[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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