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Managing America: Native Americans

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Week Ending May 11, 2006

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.

Reportedly to promote economic development in the US a 1944 Act authorized the Pick-Sloan Missouri river Basin program that included the Oahe Dam and Reservoir project (Project). The Project flooded 102,492 acres of valuable Cheyenne River Sioux Reservation land devastating the tribe’s economy and cultural resources. Homes and communities were submerged. This bill would compensate the tribe for the loss.

To compensate the Cheyenne River Sioux Tribe Compensation Act created a Fund that this bill capitalizes and distributes to the displaced tribes, while declaring that the US did not fairly compensate the tribes for the displacement. This bill now authorizes payment.

On the first day of the fiscal year and for the next four years the Treasury will deposit in the Fund $58,144,591.60. Interest would be paid on the amount as if it had been deposited in 2001.

Sponsor:  Rep. Stephanie Herseth (D-SD at large)

Vote: Passed House by voice vote May 7, 2007

Cost to the taxpayers: Around $240 million over four years.

Earmark Certification:   Not applicable to this bill.

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MORE INFORMATION

(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.

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