[Congressional Record Volume 164, Number 165 (Thursday, October 4, 2018)]
[Senate]
[Pages S6546-S6549]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




     SPOKANE TRIBE OF INDIANS OF THE SPOKANE RESERVATION EQUITABLE 
                            COMPENSATION ACT

  Mr. McCONNELL. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 397, S. 995.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The senior assistant legislative clerk read as follows:

       A bill (S. 995) 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.

  There being no objection, the Senate proceeded to consider the bill 
which had been reported from the Committee on Indian Affairs with 
amendments, as follows:
  (The parts of the bill intended to be stricken are shown in boldface 
brackets and the parts of the bill intended to be inserted are shown in 
italics.)

                                 S. 995

       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 Equitable Compensation 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 the 
     land of the Spokane Tribe;
       (5) in the mid-1930s, the Federal Government, which is not 
     subject to licensing under

[[Page S6547]]

     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 that 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 land of the Colville Tribes, a 
     payment of $53,000,000; and
       (B) for continued use of the land of the Colville Tribes, 
     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 5-year statute of limitations under the Indian 
     Claims Commission Act;
       (11) neither the Colville Tribes nor the Spokane Tribe 
     filed claims for compensation for use of the land of the 
     respective tribes with the Commission prior to 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 the 1951 Claims 
     Commission land claims to add the Grand Coulee claim of the 
     Colville Tribes;
       (13) the Spokane Tribe had no such claim to amend, having 
     settled the Claims Commission land claims of the Spokane 
     Tribe 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 delegation 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 delegation 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 the land of 
     the Spokane Tribe 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 (Public Law 103-
     436; 108 Stat. 4577).
       [(6) Fund.--The term ``Fund'' means the Spokane Tribe of 
     Indians Recovery Trust Fund established by section 5.]
       ([7]6) Secretary.--The term ``Secretary'' means the 
     Secretary of the Interior.
       ([8]7) Spokane business council.--The term ``Spokane 
     Business Council'' means the governing body of the Spokane 
     Tribe under the constitution of the Spokane Tribe.
       ([9]8) Spokane tribe.--The term ``Spokane Tribe'' means the 
     Spokane Tribe of Indians of the Spokane Reservation, 
     Washington.

     [SEC. 5. SPOKANE TRIBE OF INDIANS RECOVERY TRUST FUND.

       [(a) Establishment of Fund.--There is established in the 
     Treasury of the United States a separate account to be known 
     as the ``Spokane Tribe of Indians Recovery Trust 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.--On October 1 of the first fiscal year after 
     the date of enactment of this Act, the Secretary of the 
     Treasury shall, from the general fund of the Treasury, 
     deposit in the Fund $53,000,000.
       [(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) Payments to the Spokane Tribe.--
       [(1) In general.--At any time after the date on which the 
     Spokane Business Council has adopted a plan described in 
     subsection (e) and after amounts are deposited in the Fund, 
     the Spokane Business Council may request that all or a 
     portion of the amounts in the Fund be disbursed to the 
     Spokane Tribe by submitting to the Secretary written notice 
     of the adoption by the Spokane Business Council of a 
     resolution requesting the disbursement.
       [(2) Payment.--Not later than 60 days after the date on 
     which the Secretary receives notice under paragraph (1), the 
     Secretary shall disburse the amounts requested from the Fund 
     to the Spokane Tribe.
       [(e) Plan.--
       [(1) In general.--Not later than 18 months after the date 
     of enactment of this Act, the Spokane Business Council shall 
     prepare a plan that describes the manner in which the Spokane 
     Tribe intends to use amounts received under subsection (d) to 
     promote--
       [(A) economic development;
       [(B) infrastructure development;
       [(C) educational, health, recreational, and social welfare 
     objectives of the Spokane Tribe and the members of the 
     Spokane Tribe; or
       [(D) any combination of the activities described in 
     subparagraphs (A) through (C).
       [(2) Review and revision.--
       [(A) In general.--The Spokane Business Council shall make 
     available to the members of the Spokane Tribe for review and 
     comment a copy of the plan before the date on which the plan 
     is final, in accordance with procedures established by the 
     Spokane Business Council.
       [(B) Updates.--The Spokane Business Council may update the 
     plan on an annual basis, subject to the condition that the 
     Spokane Business Council provides the members of the Spokane 
     Tribe an opportunity to review and comment on the updated 
     plan.]

     SEC. [6]5. PAYMENTS BY ADMINISTRATOR.

       (a) Initial Payment.--On March 1, 2020, the Administrator 
     shall pay to the Spokane Tribe an amount equal to 25 percent 
     of the Computed Annual Payment for fiscal year 2019.
       (b) Subsequent Payments.--
       (1) In general.--Not later than March 1, 2021, and March 1 
     of each year thereafter through March 1, 2029, the 
     Administrator shall pay the Spokane Tribe an amount equal to 
     25 percent of the Computed Annual Payment for the preceding 
     fiscal year.
       (2) March 1, 2030, and subsequent years.--Not later than 
     March 1, 2030, and March 1 of each year thereafter, the 
     Administrator shall pay the Spokane Tribe an amount equal to 
     32 percent of the Computed Annual Payment for the preceding 
     fiscal year.

     SEC. [7]6. TREATMENT AFTER AMOUNTS 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 Spokane Business Council in the same 
     manner and for the same purposes as other Spokane Tribe 
     governmental amounts.
       (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 amounts 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 amounts to the Spokane Business Council and Spokane 
     Tribe under section 5 [sections 5 and 6], and the interest 
     and income generated by those amounts, 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 amounts are paid 
     to the Spokane Business

[[Page S6548]]

     Council or Spokane Tribe under section 5 [or 6], the amounts 
     shall--
       (1) constitute Spokane Tribe governmental amounts; and
       (2) be subject to an annual tribal government audit.

     SEC. [8]7. 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 2030, $2,700,000; and
       (2) in each subsequent fiscal year in which the 
     Administrator makes a payment under section 5 [section 6], 
     $2,700,000.
       (b) Crediting.--
       (1) In general.--Except as provided in paragraphs (2) and 
     (3), each deduction made under this section for the fiscal 
     year 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 an 
     applicable fiscal year under paragraph (1), 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]8. EXTINGUISHMENT OF CLAIMS.

       [On the deposit of amounts in the Fund under section 5] On 
     the date that payment under section 5(a) is made to the 
     Spokane Tribe, all monetary claims that the Spokane Tribe has 
     or may have against the United States 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 
     shall be extinguished.

     SEC. [10]9. ADMINISTRATION.

       Nothing in this Act establishes any precedent or is binding 
     on the Southwestern Power Administration, Western Area Power 
     Administration, or Southeastern Power Administration.
  Mr. McCONNELL. Mr. President, I ask unanimous consent that the 
committee-reported amendments be agreed to and that the bill, as 
amended, be considered read a third time.
  The PRESIDING OFFICER. Is there objection?
  Without objection, it is so ordered.
  The committee-reported amendment in the nature of a substitute was 
agreed to.
  The bill was ordered to be engrossed for a third reading and was read 
the third time.
  Mr. McCONNELL. I know of no further debate on the bill, as amended.
  The PRESIDING OFFICER. Is there further debate?
  The bill having been read the third time, the question is, Shall the 
bill pass?
  The bill (S. 995), as amended, was passed, as follows:

                                 S. 995

       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 Equitable Compensation 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 the 
     land of the Spokane Tribe;
       (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 that 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 land of the Colville Tribes, a 
     payment of $53,000,000; and
       (B) for continued use of the land of the Colville Tribes, 
     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 5-year statute of limitations under the Indian 
     Claims Commission Act;
       (11) neither the Colville Tribes nor the Spokane Tribe 
     filed claims for compensation for use of the land of the 
     respective tribes with the Commission prior to 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 the 1951 Claims 
     Commission land claims to add the Grand Coulee claim of the 
     Colville Tribes;
       (13) the Spokane Tribe had no such claim to amend, having 
     settled the Claims Commission land claims of the Spokane 
     Tribe 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 delegation 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 delegation 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 the land of 
     the Spokane Tribe 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 (Public Law 103-
     436; 108 Stat. 4577).

[[Page S6549]]

       (6) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (7) Spokane business council.--The term ``Spokane Business 
     Council'' means the governing body of the Spokane Tribe under 
     the constitution of the Spokane Tribe.
       (8) Spokane tribe.--The term ``Spokane Tribe'' means the 
     Spokane Tribe of Indians of the Spokane Reservation, 
     Washington.

     SEC. 5. PAYMENTS BY ADMINISTRATOR.

       (a) Initial Payment.--On March 1, 2020, the Administrator 
     shall pay to the Spokane Tribe an amount equal to 25 percent 
     of the Computed Annual Payment for fiscal year 2019.
       (b) Subsequent Payments.--
       (1) In general.--Not later than March 1, 2021, and March 1 
     of each year thereafter through March 1, 2029, the 
     Administrator shall pay the Spokane Tribe an amount equal to 
     25 percent of the Computed Annual Payment for the preceding 
     fiscal year.
       (2) March 1, 2030, and subsequent years.--Not later than 
     March 1, 2030, and March 1 of each year thereafter, the 
     Administrator shall pay the Spokane Tribe an amount equal to 
     32 percent of the Computed Annual Payment for the preceding 
     fiscal year.

     SEC. 6. TREATMENT AFTER AMOUNTS ARE PAID.

       (a) Use of Payments.--Payments made to the Spokane Business 
     Council or Spokane Tribe under section 5 may be used or 
     invested by the Spokane Business Council in the same manner 
     and for the same purposes as other Spokane Tribe governmental 
     amounts.
       (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 amounts after the date 
     on which the funds are paid to the Spokane Business Council 
     or Spokane Tribe under section 5.
       (c) Treatment of Funds for Certain Purposes.--The payments 
     of all amounts to the Spokane Business Council and Spokane 
     Tribe under section 5, and the interest and income generated 
     by those amounts, 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 amounts are paid 
     to the Spokane Business Council or Spokane Tribe under 
     section 5, the amounts shall--
       (1) constitute Spokane Tribe governmental amounts; and
       (2) be subject to an annual tribal government audit.

     SEC. 7. 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 2030, $2,700,000; and
       (2) in each subsequent fiscal year in which the 
     Administrator makes a payment under section 5, $2,700,000.
       (b) Crediting.--
       (1) In general.--Except as provided in paragraphs (2) and 
     (3), each deduction made under this section for the fiscal 
     year 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 an 
     applicable fiscal year under paragraph (1), 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. 8. EXTINGUISHMENT OF CLAIMS.

       On the date that payment under section 5(a) is made to the 
     Spokane Tribe, all monetary claims that the Spokane Tribe has 
     or may have against the United States 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 
     shall be extinguished.

     SEC. 9. ADMINISTRATION.

       Nothing in this Act establishes any precedent or is binding 
     on the Southwestern Power Administration, Western Area Power 
     Administration, or Southeastern Power Administration.

  Mr. McCONNELL. Mr. President, I ask unanimous consent that the motion 
to reconsider be considered made and laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________