Pick-Sloan Tribal Commission Act of 2010 - Establishes the Pick-Sloan Tribal Commission for Comprehensive Resolution to consult with Indian tribes affected by the Pick-Sloan Program and to conduct a study of: (1) the impacts of the Program on the affected Indian tribes and the federal government measures attempting to address those impacts; (2) other proposed measures addressing the impacts of the Program on such Indian tribes; (3) the results of any other studies regarding those impacts and potential solutions, including any related studies conducted by the Joint Tribal Advisory Committee; and (4) comparisons involving other situations in which federal hydroelectric projects or federally licensed hydroelectric projects have resulted in the taking or occupation of Indian land and the compensation or other measures Indian tribes have been or are being provided in those situations.
Requires the Commission to: (1) maintain an information website beginning on the date of its first meeting; (2) hold at least three hearings; (3) develop a proposal that comprehensively resolves the Program's impacts on, and provides for full and final compensation to, the affected Indian tribes; and (4) issue a report.
[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6100 Introduced in House (IH)]
111th CONGRESS
2d Session
H. R. 6100
To establish a commission to conduct a study and provide
recommendations on a comprehensive resolution of impacts caused to
certain Indian tribes by the Pick-Sloan Program.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
August 10, 2010
Mr. Pomeroy (for himself and Ms. Herseth Sandlin) introduced the
following bill; which was referred to the Committee on Natural
Resources
_______________________________________________________________________
A BILL
To establish a commission to conduct a study and provide
recommendations on a comprehensive resolution of impacts caused to
certain Indian tribes by the Pick-Sloan Program.
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 ``Pick-Sloan Tribal Commission Act of
2010''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the Pick-Sloan Missouri River Basin Program (known as
the ``Pick-Sloan 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 approved--
(A) to promote the general economic development of
the United States;
(B) to provide for irrigation above Sioux City,
Iowa;
(C) to protect urban and rural areas from
devastating floods of the Missouri River; and
(D) for other purposes;
(2) the United States acquired 1,422,000 acres of land in
the States of North Dakota, South Dakota, and Nebraska for--
(A) the building of mainstem Missouri River dams at
Garrison, Oahe, Big Bend, Fort Randall, and Gavin's
Point; and
(B) the creation of reservoirs behind the dams
named Lake Sakakawea, Lake Oahe, Lake Sharpe, Lake
Francis Case, and Lake Gavin, respectively;
(3) the construction of the dams and creation of the
reservoirs described in paragraph (2) included the taking of
title to land located on the reservations of 7 Indian tribes
(but did not diminish the reservations), including the taking
of--
(A) 156,000 acres from the Fort Berthold
reservation;
(B) 55,994 acres from the Standing Rock
reservation;
(C) 104,420 acres from the Cheyenne River
reservation;
(D) 22,955 acres from the Lower Brule reservation;
(E) 15,565 acres from the Crow Creek reservation;
(F) 3,252 acres from the Yankton reservation; and
(G) 1,703 acres from the Santee reservation;
(4)(A) the water impounded by the Garrison, Oahe, Big Bend,
Fort Randall, and Gavin's Point projects of the Pick-Sloan
Program flooded the most fertile and wooded bottom land of the
7 Indian tribes referred to in paragraph (3) along the Missouri
River;
(B) that land constituted the most productive agricultural,
hunting, and collecting land of those Indian tribes; and
(C) the majority of the community infrastructure of each
tribe was also located on the land;
(5) the flooding of the productive land described in
paragraph (4) greatly damaged the economy and cultural
resources of the 7 Indian tribes;
(6)(A) although those Indian tribes reside on the Missouri
River, the economic benefits of the Pick-Sloan Program have not
been passed on to the affected Indian tribes; rather
(B) the operation of the dams creates disproportionate
hardships for the Indian tribes, including--
(i) poor water quality;
(ii) increased trespassing and theft or damage to
cultural resources;
(iii) artificial sediment deposits that impact
water infrastructure and contain unknown contaminants;
(iv) harming fisheries, including loss of reservoir
retention time;
(v) damage to riparian habitat; and
(vi) increased recreational traffic and impacts,
but with few opportunities to regulate or benefit from
recreational uses;
(7) Congress held a number of hearings and promoted studies
of the impacts to those tribes, pursuant to which
representatives of the tribes testified on impacts to tribal
economies, health, and welfare from the flooding of that land;
(8)(A) Congress has established prior commissions to study
and make recommendations regarding impacts of the Pick-Sloan
Program, including the Garrison Diversion Unit Commission
established under section 207(c)(1) of the Energy and Water
Development Appropriation Act, 1985 (Public Law 98-360; 98
Stat. 411), which recommended that a Joint Tribal Advisory
Committee be formed to examine and make recommendations with
respect to the effects of the impoundment of water behind the
Garrison and Oahe Dams;
(B) the Joint Tribal Advisory Committee was established by
the Secretary of the Interior on May 10, 1985, for the purpose
of assessing the impacts of the Garrison and Oahe Dams on the
Three Affiliated Tribes and the Standing Rock Sioux Tribe;
(C) the Committee delivered a final report to the Secretary
on May 23, 1986;
(D) in 1992, Congress passed the Three Affiliated Tribes
and Standing Rock Sioux Tribe Equitable Compensation Act (title
XXXV of Public Law 102-575; 106 Stat. 4731) to address certain
findings of the Committee; and
(E) a number of the findings of the Committee still have
not been addressed as of the date of enactment of this Act;
(9)(A) before the date of enactment of this Act, Congress
provided compensation to the 7 affected Indian tribes for the
land taken from the tribes over a 55-year period;
(B) on 17 different occasions, as part of 14 different Acts
of Congress, compensation was authorized for the 7 affected
Indian tribes; and
(C) 1 tribe also received compensation through a court
case; and
(10) a single comprehensive bill is needed to resolve and
finally settle the claims of the affected Indian tribes because
past compensation--
(A) was provided at different levels and based on
different compensation methods, depending on the
historical time period during which the compensation
was provided; and
(B) resulted in each of the 7 Indian tribes being
compensated differently.
SEC. 3. DEFINITIONS.
In this Act:
(1) Affected indian tribe.--The term ``affected Indian
tribe'' means any of--
(A) the Cheyenne River Sioux Tribe;
(B) the Crow Creek Sioux Tribe;
(C) the Lower Brule Sioux Tribe;
(D) the Santee Sioux Tribe;
(E) the Standing Rock Sioux Tribe;
(F) the Three Affiliated Tribes; and
(G) the Yankton Sioux Tribe.
(2) Commission.--The term ``Commission'' means the Pick-
Sloan Tribal Commission for Comprehensive Resolution
established by section 4(a)(1).
(3) Pick-sloan program.--The term ``Pick-Sloan Program''
means 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).
SEC. 4. PICK-SLOAN TRIBAL COMMISSION FOR COMPREHENSIVE RESOLUTION.
(a) Establishment of Commission.--
(1) Establishment.--There is established a commission to be
known as the ``Pick-Sloan Tribal Commission for Comprehensive
Resolution''.
(2) Membership.--
(A) In general.--The Commission shall be composed
of 7 members, of whom--
(i) 1 shall be the Chairperson of the
Commission;
(ii) at least 1 shall have expertise in the
field of Indian law and policy;
(iii) at least 1 shall have expertise in
the operation and history of Federal water
projects;
(iv) 1 shall have expertise in the area of
environmental justice;
(v) 1 shall be an economist; and
(vi) at least 1 shall be an authority in
cultural preservation.
(B) Tribal membership.--Of the 7 members selected
for the Commission, at least 3 shall be members of
federally recognized Indian tribes.
(C) Selection of commission.--
(i) In general.--The Chairperson and Vice
Chairperson of the Committee on Indian Affairs
of the Senate and the Chairperson and Ranking
Member of the Committee on Natural Resources of
the House of Representatives shall--
(I) select the 7 Commission
members; and
(II) appoint 1 of the members to
serve as Chairperson of the Commission.
(ii) Recommendations.--The affected Indian
tribes may make recommendations to the
Chairperson of the Committee on Indian Affairs
of the Senate and the Chairperson of the
Committee on Natural Resources of the House of
Representatives regarding members of the
Commission.
(D) Deadline for appointment.--All members of the
Commission shall be appointed not later than 60 days
after the date of enactment of this Act.
(3) Term; vacancies.--
(A) Term.--A member shall be appointed for the life
of the Commission.
(B) Vacancies.--A vacancy on the Commission--
(i) shall not affect the powers of the
Commission; and
(ii) shall be filled in the same manner as
the original appointment was made.
(4) Initial meeting.--Not later than 30 days after the date
on which all members of the Commission have been appointed, the
Commission shall hold the initial meeting of the Commission.
(5) Meetings.--The Commission shall meet at the call of the
Chairperson.
(6) Quorum.--A majority of the members of the Commission
shall constitute a quorum, but a lesser number of members may
hold hearings.
(7) Nonapplicability of faca.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the
Commission.
(b) Duties.--
(1) In general.--In carrying out this section, the
Commission shall consult with the affected Indian tribes.
(2) Study.--The Commission shall conduct a study of--
(A) with respect to the period beginning on the
date of commencement of the Pick-Sloan Program and
ending on the date on which the study is initiated--
(i) the impacts on the affected Indian
tribes, directly or indirectly, caused by the
Pick-Sloan Program; and
(ii) measures implemented by the Federal
Government to attempt to address those impacts;
(B) other measures that have been proposed to
address the impacts on the affected Indian tribes
caused by the Pick-Sloan Program;
(C) the results of any other studies regarding
those impacts and potential solutions to the impacts,
including any studies conducted by the Joint Tribal
Advisory Committee relating to the Pick-Sloan Program;
and
(D) comparisons involving other situations in which
Federal hydroelectric projects or federally licensed
hydroelectric projects have resulted in the taking or
occupation of Indian land and the compensation, or
other measures, Indian tribes have been or are being
provided in those situations.
(3) Hearings.--
(A) In general.--In carrying out paragraph (2), the
Commission shall hold at least 3 hearings to receive
information from Federal agencies, Indian tribes, and
other interested parties regarding the resolution of
Pick-Sloan Program impacts.
(B) Public participation.--A hearing under this
paragraph shall be open to the public.
(C) Records.--For each hearing under this
paragraph, the Commission shall--
(i) compile a record consisting of
transcripts, written testimony, studies, and
other information presented at the hearing; and
(ii) include the record in the report of
the Commission required under paragraph (5), as
an appendix in electronic format.
(4) Comprehensive resolution.--
(A) In general.--Based on the results of the study
under paragraph (2), and hearings under paragraph (3),
the Commission shall develop a proposal to
comprehensively resolve the impacts to the affected
Indian tribes resulting from the Pick-Sloan Program.
(B) Inclusions.--The proposal under subparagraph
(A) shall include--
(i) a comprehensive proposal for a program
to provide full and final compensation to the
affected Indian tribes;
(ii) a description of the measures referred
to in paragraph (2) that--
(I) have not been implemented;
(II) could be implemented; or
(III) should be implemented in a
more effective manner;
(iii) relevant measures that could be
accomplished administratively;
(iv) relevant measures that would require
legislation to be implemented; and
(v) any other measures necessary to
comprehensively resolve the impacts of the
Pick-Sloan Program on the affected Indian
tribes.
(5) Report.--
(A) In general.--Subject to subparagraph (B), not
later than 18 months after the date on which the first
meeting of the Commission takes place, the Commission
shall submit to the President and Congress a report
that contains--
(i) a detailed statement of the study
findings and conclusions of the Commission; and
(ii) the proposal of the Commission for
such legislation and administrative actions as
the Commission considers to be appropriate to
resolve the impacts on the affected Indian
tribes caused by the Pick-Sloan Program.
(B) Extension.--The deadline described in
subparagraph (A) may be extended for a period of not
more than 180 days if the Commission submits to the
Committee on Indian Affairs of the Senate and the
Committee on Natural Resources of the House of
Representatives a request for the extension that--
(i) is received by the Committees before
the deadline described in subparagraph (A); and
(ii) includes a description of the reasons
why the extension is needed.
(6) Website.--
(A) In general.--The Commission shall maintain a
website for the period beginning on the date on which
the first meeting of the Commission takes place and
ending on the date that is 180 days after the date of
termination of the Commission.
(B) Requirements.--The Commission shall use the
website--
(i) to describe the activities of the
Commission;
(ii) to provide access to information
studied by the Commission;
(iii) to provide notice of, and make
available all information presented at,
hearings of the Commission; and
(iv) to post the report (including all
appendices to that report) of the Commission
required under paragraph (5).
(C) Archiving of website content.--At the time at
which the website of the Commission is terminated, all
content on the website shall be--
(i) collected on compact disk, digital
video disk, or other appropriate digital media;
and
(ii) included in the report to be submitted
under paragraph (5).
(c) Powers.--
(1) Hearings.--The Commission may hold such hearings, meet
and act at such times and places, take such testimony, and
receive such evidence as the Commission considers to be
advisable to carry out this Act.
(2) Information from federal agencies.--
(A) In general.--The Commission may secure directly
from a Federal agency such information as the
Commission considers to be necessary to carry out this
Act.
(B) Provision of information.--On request of the
Chairperson of the Commission, the head of an
applicable Federal agency shall provide the information
to the Commission.
(3) Postal services.--The Commission may use the United
States mails in the same manner and under the same conditions
as other agencies of the Federal Government.
(4) Gifts.--The Commission may accept, use, and dispose of
gifts or donations of services or property.
(d) Commission Personnel Matters.--
(1) Compensation of members.--Each member of the Commission
shall be compensated at a rate equal to the daily equivalent of
the annual rate of basic pay prescribed for level IV of the
Executive Schedule under section 5315 of title 5, United States
Code, for each day (including travel time) during which the
member is engaged in the performance of the duties of the
Commission.
(2) Travel expenses.--Each member of the Commission shall
be allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for an employee of an agency
under subchapter I of chapter 57 of title 5, United States
Code, while away from the home or regular place of business of
the member in the performance of the duties of the Commission.
(3) Staff.--
(A) In general.--The Chairperson of the Commission
may, without regard to the civil service laws
(including regulations), appoint and terminate an
executive director and such other additional personnel
as are necessary to enable the Commission to perform
the duties of the Commission.
(B) Confirmation of executive director.--The
employment of an executive director shall be subject to
confirmation by the Commission.
(C) Compensation.--
(i) In general.--Except as provided in
subparagraph (B), the Chairperson of the
Commission may fix the compensation of the
executive director and other personnel without
regard to the provisions of chapter 51 and
subchapter III of chapter 53 of title 5, United
States Code, relating to classification of
positions and General Schedule pay rates.
(ii) Maximum rate of pay.--The rate of pay
for the executive director and other personnel
shall not exceed the rate payable for level IV
of the Executive Schedule under section 5316 of
title 5, United States Code.
(D) Detail of federal government employees.--
(i) In general.--An employee of the Federal
Government may be detailed to serve as staff
for the Commission without reimbursement.
(ii) Civil service status.--The detail of
the employee shall be without interruption or
loss of civil service status or privilege.
(4) Human resources support.--The Commission may request
the Secretary of Defense to provide, and the Secretary of
Defense shall provide, through human resource departments under
the jurisdiction of the Secretary of Defense, on a reimbursable
basis, operational support for activities of the Commission.
(5) Contract authority.--The Commission may, to such extent
and using such amounts as are provided in appropriation Acts,
enter into contracts to enable the Commission to discharge the
duties of the Commission under this Act.
(6) Volunteer services.--Notwithstanding section 1342 of
title 31, United States Code, the Commission may accept and use
such voluntary and uncompensated services as the Commission
determines to be necessary.
(7) Procurement of temporary and intermittent services.--
The Chairperson of the Commission may procure temporary and
intermittent services in accordance with section 3109(b) of
title 5, United States Code, at rates for individuals that do
not exceed the daily equivalent of the annual rate of basic pay
prescribed for level V of the Executive Schedule under section
5316 of that title.
(e) Termination of Commission.--The Commission shall terminate 90
days after the date on which the Commission submits the report of the
Commission under subsection (b)(5).
SEC. 5. FUNDING.
(a) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this Act for each
of fiscal years 2010 and 2011, to remain available until expended.
(b) Transfer of Funds in Lieu of Appropriation.--
(1) In general.--For any fiscal year, or at any time during
a fiscal year, in which insufficient amounts are available to
fund activities of the Commission, the Secretary of the
Interior or the Secretary of the Army may transfer to the
Commission such unobligated amounts as are available to the
Secretary of the Interior or the Secretary of the Army for use
by the Commission in carrying out this Act.
(2) Availability.--Amounts transferred to the Commission
under paragraph (1) shall remain available until the earlier
of--
(A) the date of termination of the Commission; or
(B) the date on which amounts that are sufficient
to carry out this Act are made available.
SEC. 6. SAVINGS CLAUSE.
Nothing in this Act diminishes, changes, or otherwise affects--
(1) the water rights of the affected Indian tribes;
(2) any other right (including treaty rights) of the
affected Indian tribes;
(3) the status of Indian reservation land or the boundaries
of any reservation of an Indian tribe; or
(4) any Congressional authorization of appropriations for
the benefit of the affected Indian tribes.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Natural Resources.
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