[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 995 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 397
115th CONGRESS
  2d Session
                                 S. 995

                          [Report No. 115-240]

 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

                              May 1, 2017

  Ms. Cantwell (for herself and Mrs. Murray) introduced the following 
  bill; which was read twice and referred to the Committee on Indian 
                                Affairs

                              May 7, 2018

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

_______________________________________________________________________

                                 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 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).
        <DELETED>    (6) Fund.--The term ``Fund'' means the Spokane 
        Tribe of Indians Recovery Trust Fund established by section 
        5.</DELETED>
            (76) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (87) Spokane business council.--The term ``Spokane Business 
        Council'' means the governing body of the Spokane Tribe under 
        the constitution of the Spokane Tribe.
            (98) Spokane tribe.--The term ``Spokane Tribe'' means the 
        Spokane Tribe of Indians of the Spokane Reservation, 
        Washington.

<DELETED>SEC. 5. SPOKANE TRIBE OF INDIANS RECOVERY TRUST 
              FUND.</DELETED>

<DELETED>    (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--
</DELETED>
        <DELETED>    (1) amounts deposited in the Fund under subsection 
        (b); and</DELETED>
        <DELETED>    (2) any interest earned on investment of amounts 
        in the Fund.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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).</DELETED>
<DELETED>    (d) Payments to the Spokane Tribe.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (e) Plan.--</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) economic development;</DELETED>
                <DELETED>    (B) infrastructure development;</DELETED>
                <DELETED>    (C) educational, health, recreational, and 
                social welfare objectives of the Spokane Tribe and the 
                members of the Spokane Tribe; or</DELETED>
                <DELETED>    (D) any combination of the activities 
                described in subparagraphs (A) through (C).</DELETED>
        <DELETED>    (2) Review and revision.--</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>

SEC. 65. 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. 76. 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 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. 87. 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. 98. 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. 109. ADMINISTRATION.

    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. 397

115th CONGRESS

  2d Session

                                 S. 995

                          [Report No. 115-240]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                              May 7, 2018

                        Reported with amendments