[House Report 110-128]
[From the U.S. Government Publishing Office]



110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    110-128

======================================================================



 
  CHEYENNE RIVER SIOUX TRIBE EQUITABLE COMPENSATION AMENDMENTS ACT OF 
                                  2007

                                _______
                                

  May 7, 2007.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Rahall, from the Committee on Natural Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 487]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
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 
Oahe Dam and Reservoir Project, and for other purposes, having 
considered the same, report favorably thereon without amendment 
and recommend that the bill do pass.

                          Purpose of the Bill

    The purpose of H.R. 487 is 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 Oahe Dam and Reservoir Project.

                  Background and Need for Legislation

    In 1954, Congress enacted legislation to provide 
compensation to the Cheyenne River Sioux Tribe in exchange for 
the acquisition of the Tribe's lands and for damage resulting 
from the Oahe Dam and Reservoir Project. The legislation 
authorized only $10.6 million for damages, rehabilitation, and 
administrative expenses related to the settlement. To provide 
further compensation, in 2000, Public Law 106-511 established a 
trust in the amount of $290 million, plus interest, to be 
available to the tribe in 2011. H.R. 487 seeks to amend 
existing law by allowing the Tribe to compensate individual 
tribal members who lost allotted land to the Oahe Dam Project, 
and to allow the Tribe to access the trust fund money 
immediately.

                            Committee Action

    H.R. 487 was introduced on January 16, 2007 by Rep. 
Stephanie Herseth Sandlin (D-SD). The bill was referred to the 
Committee on Natural Resources, Subcommittee on Water and 
Power. On April 19, 2007, the Subcommittee met to mark up the 
bill. It was favorably reported out of Subcommittee by 
unanimous consent. The bill was then forwarded to the Full 
Committee. On April 19, 2007, the Natural Resources Committee 
met to consider the bill. The bill was then ordered favorably 
reported to the House of Representatives by unanimous consent.

                      Section-by-Section Analysis


Section 1. Short title

    Section 1 provides that this Act may be cited as the 
``Cheyenne River Sioux Tribe Equitable Compensation Amendments 
Act of 2007''.

Section 2. Findings

    Section 2 of H.R. 487 makes findings that the Oahe Dam and 
Reservoir Project flooded the fertile bottom land of the 
Cheyenne River Sioux Reservation, greatly damaging the economy 
and cultural resources of the Cheyenne River Sioux Tribe. The 
Tribe was provided additional compensation by Congress with the 
creation of the Cheyenne River Sioux Tribal Recovery Trust Fund 
Act; however, that act did not provide for additional 
compensation to individual landowners that lost land as a 
result of the Project.

Section 3. Cheyenne River Sioux Tribe Equitable Compensation

    Section 3 amends the Cheyenne River Sioux Tribe Equitable 
Compensation Act to allow the Tribe to compensate individual 
landowners who lost land to the United States for the Oahe Dam 
and Reservoir Project from the Tribal Recovery Trust Fund. The 
legislation directs the Secretary of the Treasury to make five 
deposits to the Cheyenne River Sioux Tribal Recovery Trust Fund 
beginning the first fiscal year after enactment of the bill 
from the general fund of the Treasury. The amount to be 
deposited in each payment would be equal to $58,144,591.60; and 
an additional amount equal to the interest that would have 
accrued if it had been credited on October 1, 2001, the first 
fiscal year after the Tribal Recovery Trust Fund was enacted by 
Public Law 106-511.
    The Secretary of the Treasury is directed to invest the 
Fund only in interest bearing obligations of the United States 
and separate the investments made on the principal and on the 
interest into two accounts within the Tribal Recovery Trust 
Fund, the principal account and the interest account. The 
interest earned from investing amounts in the principal account 
will be transferred to the interest account.
    The principal account will be invested in equally divisible 
portions in the next publicly issued Treasury obligations 
having a 2-year maturity, a 5-year maturity, and a 10-year 
maturity, respectively. The interest account shall be invested 
and reinvested in eligible obligations having the shortest 
available maturity until the date on which the amounts are 
withdrawn by the Secretary of the Treasury and transferred to 
the Secretary of the Interior for use in accordance with the 
Act.
    At least once each year, the Secretary of the Treasury will 
review with the Tribe the results of the investment activities 
and financial status of the Fund during the preceding calendar 
year. Before making a modification to the investment structure 
as authorized by the Act, the Secretary of the Treasury is 
required consult with the Tribe with respect to the 
modification.
    On the first day of the fiscal year after enactment, and on 
the first day of each fiscal year thereafter, the Secretary of 
the Treasury will withdraw and transfer all funds in the 
interest account of the Fund to the Secretary of the Interior 
for use in accordance with the Act.
    Payments of additional compensation to individual 
landowners or their heirs will not be deposited or transferred 
into any member landowner's Individual Indian Money account and 
will not exceed an amount equal to 44.3 percent of the amount 
transferred by the Secretary of the Interior to the Tribe. The 
Secretary of the Interior will provide to the Tribe any record 
requested by the Tribe to identify the heirs of member land-
owners.
    Section 3 also amends Section 7 of the underlying law to 
extinguish all claims of an individual landowner, or their 
heirs, on the acceptance of any payment by the Tribe for 
damages resulting from the taking by the United States for the 
Oahe Dam and Reservoir Project of the Pick-Sloan Missouri River 
Basin program.

            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

                   Constitutional Authority Statement

    Article I, section 8 of the Constitution of the United 
States grants Congress the authority to enact this bill.

                    Compliance With House Rule XIII

    1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(3)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    3. General Performance Goals and Objectives. This bill does 
not authorize funding and therefore, clause 3(c)(4) of rule 
XIII of the Rules of the House of Representatives does not 
apply.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for this bill from the Director of the Congressional Budget 
Office:

H.R. 487--Cheyenne River Sioux Tribe Equitable Compensation Amendments 
        Act of 2007

    Summary: H.R. 487 would amend the Cheyenne River Sioux 
Tribe Equitable Compensation Act, which was enacted in 2000 to 
resolve a dispute between that tribe and the federal 
government. That act established a trust fund for the benefit 
of the tribe and specifies a schedule for federal deposits to 
that fund. H.R. 487 would change the timing and amount of those 
deposits. CBO estimates that enacting H.R. 487 would increase 
direct spending by $14 million in 2008 but would decrease 
direct spending by $9 million over both the 2008-2012 and 2008-
2017 periods. Enacting the bill would not affect revenues.
    H.R. 487 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would impose no costs on state, local, or tribal 
governments. Enacting this legislation would benefit the 
Cheyenne River Sioux Tribe.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of the bill is shown in the following table. 
The budgetary impact of this legislation falls within budget 
function 450 (community and regional development).

----------------------------------------------------------------------------------------------------------------
                                                     By fiscal year, in millions of dollars--
                                --------------------------------------------------------------------------------
                                  2008    2009    2010    2011     2012    2013    2014    2015    2016    2017
----------------------------------------------------------------------------------------------------------------
                                           CHANGES IN DIRECT SPENDING

Spending Under Current Law
    Transfers to Cheyenne River
     Sioux Tribal Recovery
     Trust Fund
        Estimated Budget              0       0       0       0      443       0       0       0       0       0
         Authority.............
        Estimated Outlays......       0       0       0       0      443       0       0       0       0       0
Proposed Changes
    Transfers to Cheyenne River
     Sioux Tribal Recovery
     Trust Fund
        Estimated Budget              0       0       0       0     -152       0       0       0       0       0
         Authority.............
        Estimated Outlays......       0       0       0       0     -152       0       0       0       0       0
    Expenditures of Imputed
     Interest for Transfers
        Estimated Budget             15      19      24      26       30       0       0       0       0       0
         Authority.............
        Estimated Outlays......      14      19      24      26       31       0       0       0       0       0
    Expenditure of Interest
     Earned on Principal
        Estimated Budget              0       3       6       9       11       0       0       0       0       0
         Authority.............
        Estimated Outlays......       0       3       6       9       11       0       0       0       0       0
    Total Changes
        Estimated Budget             15      22      30      35     -111       0       0       0       0       0
         Authority.............
        Estimated Outlays......      14      22      30      35     -110       0       0       0       0       0
Spending Under H.R. 487
    Estimated Budget Authority.      15      22      30      35      332       0       0       0       0       0
    Estimated Outlays..........      14      22      30      35      333       0       0       0       0       0
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: By changing the amount and timing of 
scheduled deposits to the affected tribal trust fund, CBO 
estimates that enacting H.R. 487 would result in $434 million 
in direct spending over the next 10 years--$9 million less than 
estimated under current law. For this estimate, CBO assumes 
that H.R. 487 will be enacted in fiscal year 2007 and that 
deposits to the trust fund will begin in 2008.

Direct spending under current law

    In 2000, the Congress enacted the Cheyenne River Sioux 
Tribe Equitable Compensation Act to compensate the tribe for 
104,492 acres of land acquired by the federal government for 
the Oahe Dam and Reservoir Project, which is part of the Pick-
Sloan Missouri River Basin program. The act created the 
Cheyenne River Sioux Tribal Recovery Trust Fund and directs the 
Secretary of the Treasury to transfer $291 million into the 
trust fund plus the amount of interest that would have been 
accrued if the amount had been deposited in fiscal year 2002. 
This transfer, which CBO estimates will total approximately 
$443 million, is set to occur in 2012 under current law. Once 
the Secretary completes the transfer, all monetary claims 
against the United States for the Oahe Dam and Reservoir 
Project will be extinguished. At that time, consistent with the 
treatment of similar tribal trust funds, amounts within the 
trust fund will be considered under tribal ownership.
    The federal budget excludes trust funds that are held and 
managed in a fiduciary capacity by the federal government on 
behalf of Indian tribes. Because the affected trust fund will 
be considered nonbudgetary once it is fully capitalized, the 
scheduled deposit to the trust fund in 2012 will be considered 
direct spending and a transfer of funds to a nonfederal entity. 
Thereafter, subsequent cash flows involving the fund will have 
no effect on the federal budget.

Direct spending under H.R. 487

    Transfers to the Cheyenne River Sioux Tribal Fund. H.R. 487 
would direct the Secretary of the Treasury to begin deposits to 
the trust fund earlier than under current law. For each of five 
fiscal years beginning in 2008, the bill would direct the 
transfer of approximately $58 million to the fund. Because the 
conditions necessary to remove the fund from the federal budget 
(i.e., final extinguishment of claims against the federal 
government) would not be met until the final deposit is made, 
transfers to the fund during the first four years would be 
considered intragovernmental and would have no net effect on 
the federal budget. Following the final deposit in 2012, the 
trust fund would become nonbudgetary. The trust fund would be 
reclassified at that time and direct spending of the full 
balance of the fund, which CBO estimates would total $291 
million, would be recorded on the budget at that time.
    By accelerating deposits to the fund, H.R. 487 would 
eliminate the Secretary's current obligation to transfer the 
estimated total of $443 million in 2012. As a result, CBO 
estimates that enacting the bill would reduce direct spending 
by $152 million for the transfer in 2012 (i.e., $443 million 
minus $291 million).
    Expenditure of Imputed Interest for Transfers. H.R. 487 
would direct the Secretary to transfer an amount equal to the 
interest that would have been earned had each payment of $58 
million been made in 2002 and invested up until the time of 
actual payment under the bill. This transfer would be deposited 
into a separate fund that could be immediately expended by the 
tribe. Based on information from the Department of the 
Treasury, CBO estimates that such interest payments to the 
tribe would increase direct spending by $14 million in 2008 and 
$114 million over the 2008-2012 period.
    Expenditure of Interest Income Under H.R. 487. Current law 
directs the Secretary to distribute any interest earned by the 
trust fund to the tribe. Under the current schedule, the fund 
will carry no balances until 2012 and will generate no interest 
until it is fully capitalized and reclassified as nonbudgetary. 
Therefore, under current law, the federal budget does not 
include any direct spending for the tribe's use of interest. 
Under H.R. 487, however, interest would accrue on deposits made 
during the 2008-2011 period, prior to the reclassification of 
the trust fund in 2012. Because such interest would not be 
available for expenditure until the following fiscal year, CBO 
estimates that this provision would have no effect on direct 
spending in 2008 but would increase direct spending by $29 
million over the 2009-2012 period.
    Intergovernmental and private-sector impact: H.R. 487 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would impose no costs on state, local, or 
tribal governments. Enacting this legislation would benefit the 
Cheyenne River Sioux Tribe.
    Estimate prepared by: Federal costs: Daniel Hoople; Impact 
on State, local, and tribal governments: Marjorie Miller; 
Impact on the Private Sector: Amy Petz.
    Estimate approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

                           Earmark Statement

    H.R. 487 does not contain any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9(d), 9(e) or (f) of rule XXI.

                Preemption of State, Local or Tribal Law

    This bill is not intended to preempt any State, local or 
tribal law.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

CHEYENNE RIVER SIOUX TRIBE EQUITABLE COMPENSATION ACT

           *       *       *       *       *       *       *



SEC. 102. FINDINGS AND PURPOSES.

  (a) Findings.--Congress finds that--
          (1) * * *

           *       *       *       *       *       *       *

          (3) the Secretary of the Interior appointed a Joint 
        Tribal Advisory Committee that examined the Oahe Dam 
        and Reservoir project and 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 land acquisition described 
                in subparagraph (A);]
                  (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;

           *       *       *       *       *       *       *

  (b) Purposes.--The purposes of this title are as follows:
          (1) To provide for additional financial compensation 
        to the Tribe and member landowners for the acquisition 
        by the Federal Government of 104,492 acres of land of 
        the Tribe and member landowners for the Oahe Dam and 
        Reservoir project in a manner consistent with the 
        determinations of the Comptroller General described in 
        subsection (a)(4).

           *       *       *       *       *       *       *


SEC. 103. DEFINITIONS.

  In this title:
          (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.
          (2) Tribal council.--The term ``Tribal Council'' 
        means the governing body of the Tribe.
          [(1)] (3) Tribe.--The term ``Tribe'' means the 
        Cheyenne River Sioux Tribe, which is comprised of the 
        Itazipco, Siha Sapa, Minniconjou, and Oohenumpa bands 
        of the Great Sioux Nation that reside on the Cheyenne 
        River Reservation, located in central South Dakota.

SEC. 104. CHEYENNE RIVER SIOUX TRIBAL RECOVERY TRUST FUND.

  (a) * * *
  [(b) Funding.--On the first day of the 11th fiscal year that 
begins after the date of enactment of this Act, the Secretary 
of the Treasury shall, from the General Fund of the Treasury, 
deposit into the Fund established under subsection (a)--
          [(1) $290,722,958; and
          [(2) an additional amount that equals the amount of 
        interest that would have accrued on the amount 
        described in paragraph (1) if such amount had been 
        invested in interest-bearing obligations of the United 
        States, or in obligations guaranteed as to both 
        principal and interest by the United States, on the 
        first day of the first fiscal year that begins after 
        the date of enactment of this Act and compounded 
        annually thereafter.
  [(c) Investment of Trust Fund.--It shall be the duty of the 
Secretary of the Treasury to invest such portion of the Fund as 
is not, in the Secretary of the Treasury's judgment, required 
to meet current withdrawals. Such investments may be made only 
in interest-bearing obligations of the United States or in 
obligations guaranteed as to both principal and interest by the 
United States. The Secretary of the Treasury shall deposit 
interest resulting from such investments into the Fund.]
  (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).
  (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 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.
  (d) Payment of Interest to Tribe.--
          [(1) Withdrawal of interest.--Beginning on the first 
        day of the 11th fiscal year after the date of enactment 
        of this Act and, on the first day of each fiscal year 
        thereafter, the Secretary of the Treasury shall 
        withdraw the aggregate amount of interest deposited 
        into the Fund for that fiscal year and transfer that 
        amount to the Secretary of the Interior for use in 
        accordance with paragraph (2). Each amount so 
        transferred shall be available without fiscal year 
        limitation.]
          (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.

           *       *       *       *       *       *       *

  (f) Plan.--
          (1) * * *

           *       *       *       *       *       *       *

          (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.
          [(3)] (4) Plan review and revision.--
                  (A) * * *

           *       *       *       *       *       *       *

          [(4)] (5) Audit.--
                  (A) * * *

           *       *       *       *       *       *       *


SEC. 105. ELIGIBILITY OF TRIBE FOR CERTAIN PROGRAMS AND SERVICES.

  No payment made to the Tribe or any member landowner under 
this title shall result in the reduction or denial of any 
service or program with respect to which, under Federal law--
          (1) * * *

           *       *       *       *       *       *       *


[SEC. 107. EXTINGUISHMENT OF CLAIMS.

  [Upon the deposit of funds (together with interest) 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 the land and property of the Tribe for 
the Oahe Dam and Reservoir Project of the Pick-Sloan Missouri 
River Basin program shall be extinguished.]

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.

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