Statement of Administration Policy: S. 168 - Three Affiliated Tribes and Standing Rock Sioux Tribe Equitable Compensation Act

(SENT 2/6/92)
(Senate)
(Conrad (D) North Dakota and five others)

The Administration strongly opposes S. 168, which would authorize additional compensation of approximately $300 million for reservation lands acquired from the Three Affiliated Tribes and Standing Rock Sioux Tribe.

The United States acquired the lands for the site of the Garrison Dam and Reservoir, North Dakota, and the Oahe Dam and Reservoir, North Dakota and South Dakota, and paid the tribes $25 million in direct compensation. In 1986, Congress authorized approximately $84 million in additional funds to satisfy tribal concerns.

The United States has no legal obligation to provide additional compensation to the tribes. Any additional compensation could adversely affect funding for services to tribes nationwide.

Scoring for the Purposes of PAYGO and Discretionary Caps

S. 168 would increase direct spending; therefore, it is subject to the pay-as-you-go requirement of the Omnibus Budget Reconciliation Act (OBRA). No offsets to the direct spending increases are provided in the bill. A budget point of order applies in the House and Senate against any bill that is not fully offset under CBO scoring. If, contrary to the Administration's recommendation, the Senate waives any such point of order that applies against S. 168, the effects of enactment of this legislation would be included in the look back pay-as-you-go sequester report at the end of the congressional session.

OMB's preliminary scoring estimates of this bill are presented in the table below. Final scoring of this legislation may deviate from these estimates. If S. 168 were enacted, final OMB scoring estimates would be published within five days of enactment, as required by OBRA. The cumulative effects of all enacted legislation on direct spending will be issued in monthly reports transmitted to Congress.

Estimates For Pay-As-You-Go
(in millions)