[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2494 Reported in Senate (RS)]
Calendar No. 948
110th CONGRESS
2d Session
S. 2494
[Report No. 110-450]
To provide for equitable compensation to the Spokane Tribe of Indians
of the Spokane Reservation for the use of tribal land for the
production of hydropower by the Grand Coulee Dam, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 17, 2007
Ms. Cantwell (for herself, Mrs. Murray, and Mr. Inouye) introduced the
following bill; which was read twice and referred to the Committee on
Indian Affairs
September 9, 2008
Reported by Mr. Dorgan, without amendment
_______________________________________________________________________
A BILL
To provide for equitable compensation to the Spokane Tribe of Indians
of the Spokane Reservation for the use of tribal land for the
production of hydropower by the Grand Coulee Dam, 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 ``Spokane Tribe of Indians of the
Spokane Reservation Grand Coulee Dam Equitable Compensation Settlement
Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) from 1927 to 1931, at the direction of Congress, the
Corps of Engineers investigated the Columbia River and its
tributaries to determine sites at which power could be produced
at low cost;
(2) under section 10(e) of the Federal Power Act (16 U.S.C.
803(e)), when licenses are issued involving tribal land within
an Indian reservation, a reasonable annual charge shall be
fixed for the use of the land, subject to the approval of the
Indian tribe having jurisdiction over the land;
(3) in August 1933, the Columbia Basin Commission, an
agency of the State of Washington, received a preliminary
permit from the Federal Power Commission for water power
development at the Grand Coulee site;
(4) had the Columbia Basin Commission or a private entity
developed the site, the Spokane Tribe would have been entitled
to a reasonable annual charge for the use of its land;
(5) in the mid-1930s, the Federal Government, which is not
subject to licensing under the Federal Power Act (16 U.S.C. 792
et seq.)--
(A) federalized the Grand Coulee Dam project; and
(B) began construction of the Grand Coulee Dam;
(6) when the Grand Coulee Dam project was federalized, the
Federal Government recognized that--
(A) development of the project affected the
interests of the Spokane Tribe and the Confederated
Tribes of the Colville Reservation; and
(B) it would be appropriate for the Spokane and
Colville Tribes to receive a share of revenue from the
disposition of power produced at Grand Coulee Dam;
(7) in the Act of June 29, 1940 (16 U.S.C. 835d et seq.),
Congress--
(A) granted to the United States--
(i) in aid of the construction, operation,
and maintenance of the Columbia Basin Project,
all the right, title, and interest of the
Spokane Tribe and Colville Tribes in and to the
tribal and allotted land within the Spokane and
Colville Reservations, as designated by the
Secretary of the Interior from time to time;
and
(ii) other interests in such land as
required and as designated by the Secretary for
certain construction activities undertaken in
connection with the project; and
(B) provided that compensation for the land and
other interests was to be determined by the Secretary
in such amounts as the Secretary determined to be just
and equitable;
(8) pursuant to that Act, the Secretary paid--
(A) to the Spokane Tribe, $4,700; and
(B) to the Confederated Tribes of the Colville
Reservation, $63,000;
(9) in 1994, following litigation under the Act of August
13, 1946 (commonly known as the ``Indian Claims Commission
Act'' (60 Stat. 1049, chapter 959; former 25 U.S.C. 70 et
seq.)), Congress ratified the Colville Settlement Agreement,
which required--
(A) for past use of the Colville Tribes' land, a
payment of $53,000,000; and
(B) for continued use of the Colville Tribes' land,
annual payments of $15,250,000, adjusted annually based
on revenues from the sale of electric power from the
Grand Coulee Dam project and transmission of that power
by the Bonneville Power Administration;
(10) the Spokane Tribe, having suffered harm similar to
that suffered by the Colville Tribes, did not file a claim
within the Indian Claims Commission Act's 5-year statute of
limitations;
(11) neither the Colville Tribes nor the Spokane Tribe
filed claims for compensation for use of their land with the
Commission before August 13, 1951, but both Tribes filed
unrelated land claims prior to August 13, 1951;
(12) in 1976, over objections by the United States, the
Colville Tribes were successful in amending their 1951 Claims
Commission land claims to add their Grand Coulee claim;
(13) the Spokane Tribe had no such claim to amend, having
settled its Claims Commission land claims with the United
States in 1967;
(14) the Spokane Tribe has suffered significant harm from
the construction and operation of Grand Coulee Dam;
(15) Spokane tribal acreage taken by the United States for
the construction of Grand Coulee Dam equaled approximately 39
percent of Colville tribal acreage taken for construction of
the dam;
(16) the payments and land transfers made pursuant to this
Act constitute fair and equitable compensation for the past and
continued use of Spokane tribal land for the production of
hydropower at Grand Coulee Dam; and
(17) by vote of the Spokane tribal membership, the Spokane
Tribe has resolved that the payments and land transfers made
pursuant to this Act constitute fair and equitable compensation
for the past and continued use of Spokane Tribal land for the
production of hydropower at Grand Coulee Dam.
SEC. 3. PURPOSE.
The purpose of this Act is to provide fair and equitable
compensation to the Spokane Tribe for the use of its land for the
generation of hydropower by the Grand Coulee Dam.
SEC. 4. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Bonneville Power Administration or the
head of any successor agency, corporation, or entity that
markets power produced at Grand Coulee Dam.
(2) Colville settlement agreement.--The term ``Colville
Settlement Agreement'' means the Settlement Agreement entered
into between the United States and the Colville Tribes, signed
by the United States on April 21, 1994, and by the Colville
Tribes on April 16, 1994, to settle the claims of the Colville
Tribes in Docket 181-D of the Indian Claims Commission, which
docket was transferred to the United States Court of Federal
Claims.
(3) Colville tribes.--The term ``Colville Tribes'' means
the Confederated Tribes of the Colville Reservation.
(4) Computed annual payment.--The term ``Computed Annual
Payment'' means the payment calculated under paragraph 2.b. of
the Colville Settlement Agreement, without regard to any
increase or decrease in the payment under section 2.d. of the
agreement.
(5) Confederated tribes act.--The term ``Confederated
Tribes Act'' means the Confederated Tribes of the Colville
Reservation Grand Coulee Dam Settlement Act (108 Stat. 4577).
(6) Fund.--The term ``Fund'' means the Spokane Tribe of
Indians Settlement Fund established by section 5.
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(8) Spokane business council.--The term ``Spokane Business
Council'' means the governing body of the Spokane Tribe under
the constitution of the Spokane Tribe.
(9) Spokane tribe.--The term ``Spokane Tribe'' means the
Spokane Tribe of Indians of the Spokane Reservation,
Washington.
SEC. 5. SETTLEMENT FUND.
(a) Establishment of Fund.--There is established in the Treasury of
the United States an interest- bearing trust fund to be known as the
``Spokane Tribe of Indians Settlement Fund'', consisting of--
(1) amounts deposited in the Fund under subsection (b); and
(2) any interest earned on investment of amounts in the
Fund.
(b) Deposits.--From amounts made available under section 11--
(1) for fiscal year 2008, the Secretary shall deposit in
the Fund $23,900,000; and
(2) for each of the 4 fiscal years thereafter, the
Secretary shall deposit in the Fund $18,900,000.
(c) Maintenance and Investment of Fund.--The Fund shall be
maintained and invested by the Secretary in accordance with the Act of
June 24, 1938 (25 U.S.C. 162a).
(d) Payment of Funds to Spokane Business Council.--
(1) Request.--At any time after funds are deposited in the
Fund, the Spokane Business Council may submit to the Secretary
written notice of the adoption by the Spokane Business Council
of a resolution requesting that the Secretary pay all or a
portion of the amounts in the Fund to the Spokane Business
Council.
(2) Payment.--Not later than 60 days after receipt of a
notice under paragraph (1), the Secretary shall pay the amount
requested to the Spokane Business Council.
(e) Use of Funds.--
(1) Cultural resource repository and interpretive center.--
(A) In general.--Of the initial deposit under
subsection (b)(1), $5,000,000 shall be used by the
Spokane Business Council for the planning, design,
construction, equipping, and continuing operation and
maintenance of a Cultural Resource Repository and
Interpretive Center to--
(i) house, preserve, and protect the burial
remains and funerary and cultural resources
affected by the operation of the Grand Coulee
Dam; and
(ii) provide an interpretive and
educational facility regarding the culture and
history of the Spokane Tribe.
(B) Effect.--The funding under subparagraph (A)
does not alter or affect any authority, obligation, or
responsibility of the United States under--
(i) the Native American Graves Protection
and Repatriation Act (25 U.S.C. 3001 et seq.);
(ii) the Archaeological Resources
Protection Act (16 U.S.C. 470aa et seq.);
(iii) the National Historic Preservation
Act (16 U.S.C. 470 et seq.); or
(iv) the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.).
(2) Other uses.--Of all other amounts deposited in the Fund
(including interest generated on those amounts)--
(A) 25 percent shall be--
(i) reserved by the Spokane Business
Council; and
(ii) used for discretionary purposes of
general benefit to all members of the Spokane
Tribe; and
(B) 75 percent shall be used by the Spokane
Business Council to carry out--
(i) resource development programs;
(ii) credit programs;
(iii) scholarship programs; or
(iv) reserve, investment, and economic
development programs.
SEC. 6. PAYMENTS BY ADMINISTRATOR.
(a) Initial Payment.--On March 1, 2008, the Administrator shall pay
to the Spokane Tribe an amount equal to 29 percent of the Computed
Annual Payment for fiscal year 2007.
(b) Subsequent Payments.--Not later than March 1, 2009, and March 1
of each year thereafter, the Administrator shall pay the Spokane Tribe
an amount equal to 29 percent of the Computed Annual Payment for the
preceding fiscal year.
(c) Payment Recovery.--
(1) In general.--In accordance with the payment schedule
described in subsection (b), the Administrator shall make
commensurate cost reductions in expenditures, on an annual
basis, to recover each payment to the Spokane Tribe under this
section.
(2) Requirement.--The Administrator shall include a
description of a cost reduction plan as required under
paragraph (1) in the annual budget submitted by the
Administrator to Congress.
SEC. 7. TREATMENT AFTER FUNDS ARE PAID.
(a) Use of Payments.--Payments made to the Spokane Business Council
or Spokane Tribe under section 5 or 6 may be used or invested by the
Business Council in the same manner and for the same purposes as other
Spokane Tribe governmental funds.
(b) No Trust Responsibility of the Secretary.--Neither the
Secretary nor the Administrator shall have any trust responsibility for
the investment, supervision, administration, or expenditure of any
funds after the date on which the funds are paid to the Spokane
Business Council or Spokane Tribe under section 5 or 6.
(c) Treatment of Funds for Certain Purposes.--The payments of all
funds to the Spokane Business Council and Spokane Tribe under sections
5 and 6, and the interest and income generated by the funds, shall be
treated in the same manner as payments under section 6 of the Saginaw
Chippewa Indian Tribe of Michigan Distribution of Judgment Funds Act
(100 Stat. 677).
(d) Tribal Audit.--After the date on which funds are paid to the
Spokane Business Council or Spokane Tribe under section 5 or 6, the
funds shall--
(1) constitute Spokane Tribe governmental funds; and
(2) be subject to an annual tribal government audit.
SEC. 8. REPAYMENT CREDIT.
(a) In General.--The Administrator shall deduct from the interest
payable to the Secretary of the Treasury from net proceeds (as defined
in section 13 of the Federal Columbia River Transmission System Act (16
U.S.C. 838k))--
(1) in fiscal year 2008, $1,300,000; and
(2) in each subsequent fiscal year in which the
Administrator makes a payment under section 6, $1,300,000.
(b) Crediting.--
(1) In general.--Except as provided in paragraphs (2) and
(3), each deduction made under this section shall be--
(A) a credit to the interest payments otherwise
payable by the Administrator to the Secretary of the
Treasury during the fiscal year in which the deduction
is made; and
(B) allocated pro rata to all interest payments on
debt associated with the generation function of the
Federal Columbia River Power System that are due during
the fiscal year.
(2) Deduction greater than amount of interest.--If, in any
fiscal year, the deduction is greater than the amount of
interest due on debt associated with the generation function
for the fiscal year, the amount of the deduction that exceeds
the interest due on debt associated with the generation
function shall be allocated pro rata to all other interest
payments due during the fiscal year.
(3) Credit.--To the extent that a deduction exceeds the
total amount of interest described in paragraphs (1) and (2),
the deduction shall be applied as a credit against any other
payments that the Administrator makes to the Secretary of the
Treasury.
SEC. 9. TRANSFER OF ADMINISTRATIVE JURISDICTION AND RESTORATION OF
OWNERSHIP OF LAND.
(a) Transfer of Jurisdiction.--The Secretary shall transfer
administrative jurisdiction from the Bureau of Reclamation to the
Bureau of Indian Affairs over all land acquired by the United States
under the Act of June 29, 1940 (16 U.S.C. 835d), that is located within
the exterior boundaries of the Spokane Indian Reservation established
pursuant to the Executive Order of January 18, 1881.
(b) Restoration of Ownership in Trust.--
(1) In general.--All land transferred under this section--
(A) shall be held in trust for the benefit and use
of the Spokane Tribe; and
(B) shall remain part of the Spokane Indian
Reservation.
(2) Federal trust responsibility.--The Federal trust
responsibility for all land transferred under this section
shall be the same as the responsibility for other tribal land
held in trust within the Spokane Indian Reservation.
(c) Colville-Spokane Reservation Boundary.--Nothing in this section
establishes or affects the precise location of the boundary between the
Spokane Indian Reservation and the Colville Reservation along the
Columbia River.
(d) Reservation of Rights.--
(1) In general.--The United States reserves a perpetual
right, power, privilege, and easement over the land transferred
under this section to carry out the Columbia Basin Project
under the Columbia Basin Project Act (16 U.S.C. 835 et seq.).
(2) Rights included.--The rights reserved under paragraph
(1) further include the right to operate, maintain, repair, and
replace boat ramps, docks, and other recreational facilities
owned or permitted by the United States and existing on the
date of enactment of this Act.
(3) Retention of national park system status.--
(A) In general.--Land transferred under this
section that, before the date of enactment of this Act,
was included in the Lake Roosevelt National Recreation
Area shall remain part of the Recreation Area.
(B) Administration.--Nothing in this section shall
affect the authority or responsibility of the National
Park Service to administer the Lake Roosevelt National
Recreation Area under the Act of August 25, 1916 (39
Stat. 535, chapter 408; 16 U.S.C. 1 et seq.).
(4) Memorandum of understanding.--The cognizant agencies of
the Department of the Interior shall enter into a memorandum of
understanding with the Spokane Tribe to provide for
coordination in applying this subsection.
SEC. 10. SATISFACTION OF CLAIMS.
Payment by the Secretary under section 5 and the Administrator
under section 6 and restoration of ownership of land in trust under
section 9 constitute full satisfaction of the claim of the Spokane
Tribe to a fair share of the annual hydropower revenues generated by
the Grand Coulee Dam project for the past and continued use of land of
the Spokane Tribe for the production of hydropower at Grand Coulee Dam.
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act.
SEC. 12. PRECEDENT.
Nothing in this Act establishes any precedent or is binding on the
Southwestern Power Administration, Western Area Power Administration,
or Southeastern Power Administration.
Calendar No. 948
110th CONGRESS
2d Session
S. 2494
[Report No. 110-450]
_______________________________________________________________________
A BILL
To provide for equitable compensation to the Spokane Tribe of Indians
of the Spokane Reservation for the use of tribal land for the
production of hydropower by the Grand Coulee Dam, and for other
purposes.
_______________________________________________________________________
September 9, 2008
Reported without amendment