Cheyenne River Sioux Tribe Equitable Compensation Amendments Act of 2005 - Amends the Cheyenne River Sioux Tribe Equitable Compensation Act to make member landowners eligible for the additional financial compensation provided to the Cheyenne River Sioux Tribe 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. Defines member landowner as a member of the Tribe (or an heir of such a member) that owned land on the Cheyenne River Sioux Reservation that was acquired by the United States for the Oahe Dam and Reservoir Project.
Directs the Secretary of the Treasury to deposit into the Cheyenne River Sioux Tribal Recovery Trust Fund an amount equal to 25% of the amount deposited into the Treasury from the power program during the preceding fiscal year for the period between October 1, 2004, and the last date of the fiscal year during which the total amount deposited into the Treasury from the power program equals a specified amount.
Authorizes the plan prepared for the use of payments to the Tribe to provide for payment of additional compensation to member landowners.
Requires the Secretary of the Interior to assist the Tribe in claims processing by providing any record requested to identify the heirs of member landowners within 60 days after receiving a request.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3558 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 3558
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 28, 2005
Ms. Herseth introduced the following bill; which was referred to the
Committee on Resources
_______________________________________________________________________
A BILL
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.
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 2005''.
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 justify, 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 paragraphs (1) and (2) as paragraphs
(4) and (3), respectively, and moving the paragraphs so as to
appear in numerical order; and
(2) by inserting before paragraph (3) (as redesignated by
paragraph (1)) 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.
``(2) Power program.--The term `power program' means the
power program under the Pick-Sloan Missouri River Basin
program.''.
(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.--
``(1) In general.--The Secretary of the Treasury shall
deposit into the Fund an amount equal to 25 percent of the
amount deposited into the Treasury from the power program
during the preceding fiscal year for the period--
``(A) beginning on October 1, 2004; and
``(B) ending on the last date of the fiscal year
during which the total amount deposited into the
Treasury from the power program equals the amount
described in paragraph (2).
``(2) Description of amount.--
``(A) In general.--The amount referred to in
paragraph (1)(B) is an amount equal to the sum of--
``(i) $290,722,958; and
``(ii) an amount equal to the amount of
interest or earnings that would have accrued on
the amount described in clause (i) if that
amount had been invested in accordance with
subsection (c) as of October 1, 2001.
``(B) Calculation of interest.--The amount of
interest and earnings described in subparagraph (A)(ii)
shall be determined by applying the Lehman Government
Bond Index (or a similar index, as determined by the
Secretary of the Treasury, in consultation with the
Tribal Council).'';
(2) in subsection (d)(1), by striking ``Beginning on the
first day of the 11th fiscal year after the date of enactment
of this Act'' and inserting ``Beginning on October 1, 2005,'';
and
(3) 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) In general.--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.
``(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 any record
requested by the Tribe to identify the heirs of member
landowners by the date that is 60 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''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Resources.
Sponsor introductory remarks on measure. (CR E1685)
Referred to the Subcommittee on Water and Power.
Subcommittee Hearings Held.
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