[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.
* * * * * * *