S. 1535Senate109th Congress (2005-2007)Passed Senate

Cheyenne River Sioux Tribe Equitable Compensation Amendments Act of 2006

Legislative Activity

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9 earlier actions

HouseFloor Latest Action

Held at the desk.

December 8, 2006 • 12:41 PM

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SenateIntro Referral

Introduced in Senate

July 28, 2005

SenateIntro Referral

Read twice and referred to the Committee on Indian Affairs.

Indian Affairs Committee

July 28, 2005

SenateCommittee

Committee on Indian Affairs. Hearings held. Hearings printed: S.Hrg. 109-572.

Indian Affairs Committee

June 14, 2006

SenateCommittee

Committee on Indian Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably.

Indian Affairs Committee

August 2, 2006

SenateCommittee

Committee on Indian Affairs. Reported by Senator McCain with an amendment in the nature of a substitute. With written report No. 109-343.

Indian Affairs Committee

September 20, 2006

SenateCalendars

Placed on Senate Legislative Calendar under General Orders. Calendar No. 623.

September 20, 2006

SenateFloor

Passed Senate with an amendment by Unanimous Consent. (consideration: CR S11546-11548; text as passed Senate: CR S11546-11548)

December 7, 2006

HouseFloor

Received in the House.

December 8, 2006 • 10:17 AM

SenateFloor

Message on Senate action sent to the House.

December 8, 2006

HouseFloor

Held at the desk.

December 8, 2006 • 12:41 PM

Floor Debate

5 members

What members said about S. 1535 on the floor

5 Republicans

Sen. John WarnerR-VA · Jun 14, 2006

Mr. President, I ask unanimous consent that the Committee on Banking, Housing, and Urban Affairs be authorized to meet during the session of the Senate on Wednesday, June 14, 2006, at 10 a.m., to…

Mr. President, I ask unanimous consent that the Committee on Banking, Housing, and Urban Affairs be authorized to meet during the session of the Senate on Wednesday, June 14, 2006, at 10 a.m., to mark up S. 418 ``Military Personnel Financial Services Protection Act,'' as amended by the committee print; S. 811 ``Abraham Lincoln Commemorative Coin Act,'' and to vote on the nominations of Ms. Sheila C. Bair, of Kansas, to be a member and chairperson of the Board of Directors of the Federal Deposit Insurance Corporation; Ms. Kathleen L. Casey, of Virginia, to be a member of the Securities and Exchange Commission; Mr. Robert M. Couch, of Alabama, to be President of the Government National Mortgage Association; Mr. Donald L. Kohn, of Virginia, to be vice chairman of the Board of Governors of the Federal Reserve System; and Mr. James B. Lockhart III, of Connecticut, to be the Director of the Office of Federal Housing Enterprise Oversight. Immediately following the mark up, the committee will meet in open session to conduct a hearing on ``FASB's Proposed Standard on `Employers' Accounting for Defined Benefit Pension and Other Postretirement Plans.' ''

Mr. President, I ask unanimous consent that the Committee on Banking, Housing, and Urban Affairs be authorized to meet during the session of the Senate on June 14, 2006, at 2:30 p.m., to conduct a hearing on ``Extension of HUD's Mark-to-Market Program.''

Mr. President, I would like to ask unanimous consent that the Committee on Environment and Public Works be authorized to hold an oversight hearing on Wednesday, June 14, 2006, at 9:30 a.m. to consider whether potential liability deters abandoned hard rock mine clean up.

Mr. President, I ask unanimous consent that the Committee on Homeland Security and Governmental Affairs be authorized to meet on Wednesday, June 14, 2006, at 10 a.m. for a business meeting to consider pending committee business.

Agenda

Legislation

1. S. 2145, Chemical Facility Anti-Terrorism Act of 2005;

2. S. 1554, a bill to establish an intergovernmental grant program to identify and develop homeland security information, equipment, capabilities, technologies, and services to further the homeland security of the United States and to address the homeland security needs of Federal, State, and local governments;

3. S. 1741, Disaster Area Health and Environmental Monitoring Act;

4. S. 1838, Federal and District of Columbia Real Property Act of 2005;

5. S. 2068, a bill to preserve existing judgeships on the Superior Court of the District of Columbia;

6. S. 2146, a bill to extend relocation expenses test programs for Federal employees;

7. S. 2296, Commission on Wartime Relocation and Internment of Latin Americans of Japanese Descent Act;

8. H.R. 3508, 2005 District of Columbia Omnibus Authorization Act.

Post Office Naming Bills

1. S. 2228/H.R. 4456, a bill to designate the facility of the U.S. Postal Service located at 2404 Race Street in Jonesboro, Arkansas, as the ``Hattie W. Caraway Station;''

2. S. 2376/H.R. 3934, a bill to designate the facility of the U.S. Postal Service located at 80 Killian Road in Massapequa, New York, as the ``Gerard A. Fiorenza Post Office Building;''

3. S. 2722, a bill to designate the facility of the U.S. Postal Service located at 170 East Main Street in Patchogue, New York, as the ``Lieutenant Michael P. Murphy Post Office Building;

4. H.R. 4108, a bill to designate the facility of the U.S. Postal Service located at 3000 Homewood Avenue in Baltimore, Maryland, as the ``State Senator Verda Welcome and Dr. Henry Welcome Post Office Building;''

5. H.R. 3440, a bill to designate the facility of the U.S. Postal Service located at 100 Avenida RL Rodriguez in Bayamon, Puerto Rico, as the ``Dr. Jose Celso Barbosa Post Office Building;''

6. H.R. 4786, a bill to designate the facility of the U.S. Postal Service located at 535 Wood Street in Bethlehem, Pennsylvania, as the ``H. Gordon Payrow Post Office Building;''

7. H.R. 4561, a bill to designate the facility of the U.S. Postal Service located at 8624 Ferguson Road in Dallas, Texas, as the ``Franciso `Pancho' Medrano Post Office Building;''

8. H.R. 4688, a bill to designate the facility of the U.S. Postal Service located at 1 Boyden Street in Badin, North Carolina, as the ``Mayor John Thompson `Tom' Garrison Memorial Post Office;''

9. H.R. 4995, a bill to designate the facility of the U.S. Postal Service located at 7 Columbus Avenue in Tuckahoe, New York, as the ``Ronald Bucca Post Office;''

10. H.R. 3549, a bill to designate the facility of the U.S. Postal Service located at 210 West 3rd Avenue in Warren, Pennsylvania, as the ``William F. Clinger Jr. Post Office Building;''

11. H.R. 2977, a bill to designate the facility of the U.S. Postal Service located at 306 2nd Avenue in Brockway, Montana, as the ``Paul Kasten Post Office Building;''

12. S. 2690, a bill to designate the facility of the U.S. Postal Service located at 8801 Sudley Road in Manassas, Virginia, as the ``Harry J. Parrish Post Office;''

13. S. 3187, a bill to designate the Post Office located at 5755 Post Road, East Greenwich, Rhode Island, as the ``Richard L. Cevoli Post Office;''

14. H.R. 5245, a bill to designate the facility of the U.S. Postal Service located at 1 Marble Street in Fair Haven, Vermont, as the ``Matthew Lyon Post Office Building.''

Mr. President, I ask unanimous consent that the Committee on Indian Affairs be authorized to meet on Wednesday, June 14, 2006, at 9:30 a.m. in Room 485 of the Russell Senate Office Building to conduct a hearing on S. 374, the Tribal Parity Act and S. 1535, the Cheyenne River Sioux Tribe Equitable Compensation Amendments Act of 2005.

Mr. President, I ask unanimous consent that the Senate Committee on the Judiciary be authorized to meet to conduct a hearing on ``Judicial Nominations'' on Wednesday, June 14, 2006, at 9:30 a.m. in Dirksen Senate Office Building Room 226.

Witness list:

Panel I: The Honorable F. James Sensenbrenner, Jr. and The Honorable William Kovacic, Commissioner, Federal Trade Commission, Washington,

Mr. President, I ask unanimous consent that the Select Committee on Intelligence be authorized to meet during the session of the Senate on June 14, 2006, at 2:30 p.m. to hold a closed business meeting.

Mr. President, I ask unanimous consent that the Senate Committee on Commerce, Science, and Transportation Subcommittee on Technology, Innovation, and Competitiveness be authorized to meet on Wednesday, June 14, 2006, at 10 a.m. on Alternative Energy Technologies.

Sen. Ted StevensR-AK · Aug 2, 2006

Mr. President, I ask unanimous consent that the Committee on Armed Services be authorized to meet during the session of the Senate on August 2, 2006, at 2 p.m., in open session to continue to receive…

Mr. President, I ask unanimous consent that the Committee on Armed Services be authorized to meet during the session of the

Senate on August 2, 2006, at 2 p.m., in open session to continue to receive testimony on the future of military commissions in light of the supreme court decision in Hamdan v. Rumsfeld.

Mr. President, I ask unanimous consent that the Committee on Armed Services be authorized to meet during the session of the Senate on Wednesday, August 2, 2006, at 5 p.m., in closed session, regarding overhead imagery systems.

Mr. President, I ask unanimous consent that the Committee on Banking, Housing, and Urban Affairs be authorized to meet during the session of the Senate on Wednesday, August 2, 2006, at 10 a.m. to mark up an original bill entitled ``Credit Rating Agency Reform Act of 2006.''

Mr. President, I ask unanimous consent that the Committee on Banking, Housing, and Urban Affairs be authorized to meet during the session of the Senate on August 2, 2006, at 2:30 p.m., to conduct a hearing on ``Meeting the Housing Needs of Veterans.''

Mr. President, I ask unanimous consent that the Committee on Energy and Natural Resources be authorized to meet during the session of the Senate on August 2, 2006, at 11:30 a.m., to purpose of this meeting is to consider the nominations of John Ray Correll, Mark Myers, and Drue Pearce.

Mr. President, I ask unanimous consent that on Wednesday, August 2, 2006, at 9:30 a.m. the Committee on Environment and Public Works be authorized to hold an oversight hearing to discuss The Toxic Substances Control Act and the Chemicals Management Program at EPA.

Mr. President, I ask unanimous consent that the Committee on Finance be authorized to meet during the session on Wednesday, August 2, 2006, at 10 a.m., in 215 Dirksen Senate Office Building, to hear testimony on ``Border Insecurity, Take Two: Fake IDs Foil the First Line of Defense.''

Mr. President, I ask unanimous consent that the Committee on Foreign Relations be authorized to meet during the session of the Senate on Wednesday, August 2, 2006, at 9:30 a.m. to hold a hearing on nominations.

The PRESIDING, OFFICER. Without objection, it is so ordered.

Committee on Health, Education, Labor, and Pensions

Mr. President, I ask unanimous consent that the Committee on Health, Education, Labor, and Pensions meet in executive session during the session of the Senate on Wednesday, August, 2, 2006, off the Senate floor at a time to be determined later.

Mr. President, I ask unanimous consent that the Committee on Homeland Security and Governmental Affairs be authorized to meet on Wednesday, August 2, 2006, at 10 a.m. for a hearing titled, ``Iraq Reconstruction: Lessons Learned in Contracting and Procurement.''

Mr. President, I ask unanimous consent that the Committee on Indian Affairs be authorized to meet on Wednesday, August 2, 2006, at 9:30 a.m. in Room 485 of the Russell Senate Office Building to conduct a business meeting on S. 374, the Tribal Parity Act; S. 480, the Thomasina E. Jordan Indian Tribes of Virginia Federal Recognition Act of 2005; S. 660, the Lumbee Recognition Act; S. 1439, the Indian Trust Reform Act of 2005; and S. 1535, the Cheyenne River Sioux Tribe Equitable Compensation Amendments Act of 2005.

Mr. President, I ask unanimous consent that the Senate Committee on the Judiciary be authorized to meet to conduct a hearing on ``The Authority to Prosecute Terrorists Under the War Crime Provisions of Title 18'' on Wednesday, August 2, 2006, at 9:30 a.m. in Dirksen Senate Office Building Room 226.

Panel I: Steven Bradbury, Acting Assistant Attorney General, Office of Legal Counsel, Department of Justice, Washington, DC; General Richard B. Myers, Former Chairman, Joint Chiefs of Staff, Washington, DC; Major General Scott Black, The Judge Advocate General, United States Army, Washington, DC; Rear Admiral Bruce MacDonald, Judge Advocate General, United States Navy, Washington, DC; Major General Jack Rives, the Judge Advocate General, United States Air Force, Washington, DC, and Brigadier General Kevin M. Sandkuhler, Director, Judge Advocate Division, United States Marine Corps, Washington, DC.

Mr. President, I ask unanimous consent that the Select Committee on Intelligence be authorized to meet during the session of the Senate on August 2, 2006, at 2:30 p.m. to hold a closed business meeting.

Mr. President, I ask unanimous consent that the Senate Committee on the Judiciary Subcommittee on the Constitution, Civil Rights and Property Rights be authorized to meet on Wednesday, August 2, 2006, at 2:30 p.m. to conduct a hearing on ``Paying Your Own Way: Creating a Fair Standard for Attorney's Fees Awards in Establishment Clause Cases'' in Room 226 of the Dirksen Senate Office Building.

Witness list

Rees Lloyd, Commander of District 21, The American Legion Department of California, Banning, CA; Marc Stern, Assistant Executive Director, American Jewish Congress, New York, NY; Mathew Staver, Founder and Chairman, Liberty Counsel, Interim Dean, Liberty University School of Law, Lynchburg, VA; Melissa Rogers, Visiting Professor of Religion and Public Policy, Wake Forest University Divinity School, Winston-Salem, NC; Shannon Woodruff, Senior Research Counsel, American Center for Law and Justice, Washington, D.C.

Mr. President, I ask unanimous consent that the Subcommittee on Forestry, Conservation and Rural Revitalization of the Committee on Agriculture, Nutrition and Forestry be authorized to conduct a hearing during the session of the Senate on August 2, 2006, at 9 a.m. in SR-328A, Senate Russell Building. The purpose of this subcommittee hearing will be to discuss H.R. 4200, the Forest Emergency Recovery and Research Act.

Sen. John McCainR-AZ · Jun 13, 2006

Mr. President, I would like to announce that the Committee on Indian Affairs will meet on Wednesday, June 14, 2006, at 9:30 a.m. in Room 485 of the Russell Senate Office Building to conduct a hearing…

Sen. Larry E. CraigR-ID · Jun 13, 2006

Mr. President, I would like to announce for the information of the Senate and the public that a hearing has been scheduled before the Subcommittee on Public Lands and Forests of the Committee on…

Sen. John McCainR-AZ · Jul 31, 2006

Mr. President, I would like to announce that the Committee on Indian Affairs will meet on Wednesday, August 2, 2006, at 9:30 a.m. in Room 485 of the Russell Senate Office Building to conduct a…

Show 1 more

Sen. Mike DeWineR-OH · Dec 7, 2006

Mr. President, I ask unanimous consent that the Senate proceed to the immediate consideration of calendar No. 623, S. 1535. Mr. President, I ask unanimous consent that the committee-reported…

Bill Text

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Engrossed in SenateIssued December 7, 2006

        [Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1535 Engrossed in Senate (ES)]

109th CONGRESS
2d Session
S. 1535

_______________________________________________________________________

AN ACT

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 2006''.

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 2006 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 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 2006, 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 landowner shall be determined in
accordance with the probate code governing the
estate of the member landowner.
``(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.''.

Passed the Senate December 7, 2006.

Attest:

Secretary.
109th CONGRESS

2d Session

S. 1535

_______________________________________________________________________

AN ACT

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.