[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 2259 Reference Change Senate (RCS)]

103d CONGRESS
  2d Session
                                S. 2259

                          [Report No. 103-356]

To provide for the settlement of the claims of the Confederated Tribes 
   of the Colville Reservation concerning their contribution to the 
    production of hydropower by the Grand Coulee Dam, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                June 30 (legislative day, June 7), 1994

Mrs. Murray (for herself, Mr. Hatfield, Mr. Gorton, Mr. Inouye, and Mr. 
   Bradley) introduced the following bill; which was read twice and 
              referred to the Committee on Indian Affairs

                July 26 (legislative day, July 20), 1994

Ordered, that when the Committee on Indian Affairs reports the bill, it 
then be referred to the Committee on Energy and Natural Resources for a 
                      period not to exceed 10 days

              August 23 (legislative day, August 18), 1994

                Reported by Mr. Inouye, with amendments
  [Omit the part struck through and insert the part printed in italic]

              August 23 (legislative day, August 18), 1994

 Referred to the Committee on Energy and Natural Resources pursuant to 
                       the order of July 26, 1994

_______________________________________________________________________

                                 A BILL


 
To provide for the settlement of the claims of the Confederated Tribes 
   of the Colville Reservation concerning their contribution to 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 ``Confederated Tribes of the Colville 
Reservation Grand Coulee Dam Settlement Act''.

SEC. 2. DEFINITIONS.

    As used in this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Bonneville Power Administration.
            (2) Bonneville power administration.--The term ``Bonneville 
        Power Administration'' means the Bonneville Power 
        Administration of the Department of Energy or any successor 
        agency, corporation, or entity that markets power produced at 
        the Dam.
            (3) Dam.--The term ``Dam'' means the Grand Coulee Dam--
                    (A) operated by the Bureau of Reclamation of the 
                Department of the Interior, and
                    (B) with respect to which power is marketed by the 
                Bonneville Power Administration of the Department of 
                Energy.
            (4) Confederated tribes v. united states.--The term 
        ``Confederated Tribes v. United States'' means the case pending 
        before the United States Court of Federal Claims arising from 
        the claim filed with the Indian Claims Commission with the 
        docket number 181-D that--
                    (A) was transferred to the United States Court of 
                Federal Claims pursuant to the Federal Courts 
                Improvement Act of 1982 (96 Stat. 25) as Confederated 
                Tribes v. United States (20 Cl. Ct. 31);
                    (B) with respect to which an appeal was filed in 
                the United States Court of Appeals, Federal Circuit 
                (964 F.2d 1102) (Fed. Cir. 1992); and
                    (C) on the basis of the appeal, was remanded in 
                part by the United States Court of Appeals to the 
                United States Court of Federal Claims.
            (5) Minor.--The term ``minor'' means a child who has not 
        attained the age of 18.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (7) Settlement agreement.--The term ``Settlement 
        Agreement'' means the Settlement Agreement entered into between 
        the United States and the Confederated Tribes of the Colville 
        Reservation, signed by the United States on April 21, 1994, and 
        by the Tribe on April 16, 1994, to settle the claims of the 
        Tribe under Confederated Tribes v. United States.
            (8) Tribe.--``Tribe'' means the Confederated Tribes of the 
        Colville Reservation, a federally recognized Indian tribe.

SEC. 3. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds the following:
            (1) An action by the Confederated Tribes of the Colville 
        Reservation against the United States is pending before the 
        United States Court of Federal Claims.
            (2) In such action, the Tribe seeks to recover damages 
        under section 2(5) of the Indian Claims Commission Act (60 
        Stat. 1050 (formerly 25 U.S.C. 70a(5))) relating to fair and 
        honorable dealings.
            (3) Although the matter that is the subject of such action 
        is in dispute, the potential liability of the United States is 
        substantial.
            (4) The claim filed by Tribe with respect to such action 
        alleges that--
                    (A) after the construction of the Grand Coulee Dam, 
                the United States has used land located in the Colville 
                Reservation in connection with the generation of 
                electric power;
                    (B) the United States will continue to use such 
                land during such time as the Grand Coulee Dam produces 
                power; and
                    (C) the United States has promised to pay the Tribe 
                for the use referred to in subparagraph (A), but has 
                failed to make such payment.
            (5) After years of litigation, the United States has 
        negotiated a Settlement Agreement with the Tribe that was 
        signed by the appropriate officials of the Department of 
        Justice, the Bonneville Power Administration, and the 
        Department of the Interior.
            (6) The Settlement Agreement is contingent on the enactment 
        of enabling legislation to approve and ratify the Settlement 
        Agreement.
            (7) Upon the enactment of this Act, the Settlement 
        Agreement will--
                    (A) provide mutually agreeable compensation for the 
                past use (as determined under such Agreement) of land 
                of the Colville Reservation in connection with the 
                generation of electric power at Grand Coulee Dam;
                    (B) establish a method to ensure that the Tribe 
                will be compensated for future use (as determined under 
                such Agreement) of land of the Colville Reservation in 
                the generation of electric power at Grand Coulee Dam; 
                -a-n-d -a-p-p-r-o-v-e-d-; and
                    (C) settle the claims of the Tribe against the 
                United States brought under the Indian Claims 
                Commission Act.
    (b) Purposes.--The purposes of this Act are as follows:
            (1) To approve and ratify the Settlement Agreement entered 
        into by the United States and the Tribe.
            (2) To direct the Bonneville Power Administration to carry 
        out the obligations of the Bonneville Power Administration 
        under the Settlement Agreement.

SEC. 4. APPROVAL, RATIFICATION AND IMPLEMENTATION OF SETTLEMENT 
              AGREEMENT.

    (a) In General.--The Settlement Agreement is hereby approved and 
ratified.
    (b) Duties of the Bonneville Power Administration.--The Bonneville 
Power Administration shall--
            (1) on an annual basis, make payments to the Tribe in a 
        manner consistent with the Settlement Agreement; and
            (2) carry out any other obligation of the Bonneville Power 
        Administration under the Settlement Agreement.
    (c) Implementation of Settlement Agreement.--
            (1) In general.--In a manner consistent with the negotiated 
        terms of the Settlement Agreement, the United States shall join 
        in the motion that the Tribe has agreed to file in Confederated 
        Tribes -o-f -C-o-l-v-i-l-l-e -R-e-s-e-r-v-a-t-i-o-n v. United 
        States, for the entry of a compromise final judgment in the 
        amount of $53,000,000.00.
            (2) Requirements for payment.--The United States shall pay 
        the amount specified in paragraph (1) from funds appropriated 
        pursuant to section 1304 of title 31, United States Code. The 
        amount paid as a judgment may not be -n-o-t reimbursed by the 
        Bonneville Power Administration.

SEC. 5. DISTRIBUTION OF THE SETTLEMENT FUNDS.

    (a) Lump Sum Payment.--The payment made under section 4(c)(1) 
(including any interest that accrues on the payment) shall be deposited 
by the Secretary of the Treasury in a trust fund established for the 
Tribe pursuant to Public Law 93-134 (25 U.S.C. 1401 et seq.) for use by 
the tribal governing body of the Confederated Tribes of the Colville 
Reservation, pursuant to a distribution plan developed by the Tribe and 
approved by the Secretary of the Interior pursuant to section 3 of 
Public Law 93-134 (25 U.S.C. 1403), except that--
            (1) under the distribution plan developed pursuant to this 
        subsection any payment to be made to a minor shall be held by 
        the United States in trust for the minor until the later of--
                    (A) the date the minor attains the age of 18; or
                    (B) the date of graduation of the secondary school 
                class with respect to which the minor is scheduled to 
                be a member; and
            (2) the Secretary may, pursuant to regulations prescribed 
        by the Secretary relating to the administration of the Bureau 
        of Indian Affairs, authorize the emergency use of trust funds 
        for the benefit of a minor.
    (b) Annual Payments.--In addition to the lump sum payment described 
in subsection (a), the appropriate official of the Federal Government 
shall make annual payments directly to the Tribe in accordance with the 
Settlement Agreement. The Tribe may use any amount received as an 
annual payment under this subsection in the same manner as the Tribe 
may use any other income received by the Tribe from the lease or sale 
of natural resources.

SEC. 6. REPAYMENT CREDIT.

    (a) In General.--Beginning with fiscal year 2000, and ending at the 
end of the last fiscal year during which the Tribe receives an annual 
payment pursuant to the Settlement Agreement, the Administrator shall 
deduct from the interest payable to the Secretary of the Treasury from 
net proceeds (as defined in section 13(b) of the Federal Columbia River 
Transmission System Act (16 U.S.C. 838(b)) an amount equal to 26 
percent of the payment made to the Tribe for the immediately preceding 
fiscal year.
    (b) Credit of Interest.--
            (1) In general.--Each deduction made under this section 
        shall--
                    (A) be credited to the amount of interest payments 
                that would otherwise be payable by the Administrator to 
                the Secretary of the Treasury during the fiscal year in 
                which the deduction is made; and
                    (B) be allocated on a pro rata basis to all 
                interest payments on debt associated with the 
                generation function of the Federal Columbia River Power 
                System that are payable during the fiscal year 
                specified in subparagraph (A).
            (2) Special allocation rule.--If, for any fiscal year a 
        deduction calculated pursuant to -p-a-r-a-g-r-a-p-h -(-1-) 
        subsection (a) would be greater than the amount of interest due 
        on debt associated with the generation function described in 
        paragraph (1)(B) for such fiscal year, the amount by which the 
        deduction exceeds the interest due on debt associated with the 
        generation function shall be allocated on a pro rata basis as a 
        credit -f-o-r to the payment of any other interest that is 
        payable by the Administrator -b-y to the Secretary of the 
        Treasury for such fiscal year.

SEC. 7. MISCELLANEOUS PROVISIONS.

    (a) Liens and Forfeitures.--Funds paid or deposited to the credit 
of the Tribe pursuant to the Settlement Agreement or this Act, any 
interest or investment income earned or received on such funds, any 
payment authorized by the Tribe or the Secretary of the Interior to be 
made from such funds to members of the Tribe, and any interest or 
investment income earned on any such payment earned or received and 
deposited in a trust pursuant to this section for a member of the 
Tribe, may not be subject to any levy, execution, forfeiture, 
garnishment, lien, encumbrance, seizure, or taxation by -t-h-e 
-F-e-d-e-r-a-l -G-o-v-e-r-n-m-e-n-t -o-r a State or political 
subdivision of a State.
    (b) Eligibility for Federal and Federally Funded Programs.--None of 
the funds described in subsection (a) may be treated as income or 
resources or otherwise used as the basis for denying or reducing the 
financial assistance or other benefits to which the Tribe, a member of 
the Tribe, or a household of the Tribe would otherwise be entitled 
under the Social Security Act (42 U.S.C. 301 et seq.) or any program of 
the Federal Government or program that receives assistance from the 
Federal Government.
    (c) Trust Responsibility.--This Act and the Settlement Agreement 
may not be construed to affect the trust responsibility of the United 
States to the Tribe or to any of the members of the Tribe.