[Congressional Record Volume 147, Number 16 (Tuesday, February 6, 2001)]
[Senate]
[Page S1087]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. SMITH of Oregon (for himself and Mr. Wyden):
  S. 266. A bill regarding the use of the trust land and resources of 
the Confederated Tribes of the Warm Springs Reservation of Oregon; to 
the Committee on Indian Affairs.
  Mr. WYDEN. Mr. President, I rise as the original cosponsor of the 
Pelton Dam Agreement legislation introduced today by my friend and 
colleague from Oregon, Senator Gordon Smith.
  This legislation sanctions an historic agreement, reached on April 
12, 2000, between the Oregon Confederated Tribes of the Warm Springs 
Reservation, Warm Springs, Portland General Electric Company, PGE, and 
the United States Department of the Interior (Department). This 
agreement is important because it sets a responsible precedent for the 
joint ownership and operation of the Pelton-Round Butte Hydroelectric 
Project located in Jefferson County, Oregon, on the Deschutes River. It 
also provides a model for how the United States, Indian tribes and 
private companies can work together to solve contentious issues.
  Beginning in the summer of 1998, the Warm Springs and PGE began 
negotiations to settle Pelton Dam Project ownership and operation 
issues. Approximately one-third of the Project lands are located on the 
Warm Springs Reservation. Because of the Department's legal trust 
responsibility to the Warm Springs, Department representatives also 
participated in the negotiations. On April 12, 2000, Department, Warm 
Springs and PGE representatives signed the Long Term Global Settlement 
and Compensation Agreement (Agreement). The Agreement creates shared 
ownership responsibilities and benefits between PGE and the Warm 
Springs for all three Pelton Project dams and facilities located both 
on and off the Warm Springs Reservation.
  The Warm Springs, PGE and the Department worked with myself and 
Senator Smith to carefully craft this legislation to authorize the 
Department to sanction the Agreement. This legislation provides Federal 
approval for only the aspects of the Agreement that affect tribal 
lands, resources, or other tribal assets. Section 2(b)(1) makes it 
clear that the legislation does not affect the normal Federal and State 
regulatory approvals that would be required for an agreement of this 
type. Section 2(b)(2) was included to address a Departmental concern 
that this legislation will not be interpreted to mean that legislative 
approval of future similar agreements will be necessary. In addition, 
this bill authorizes a 99-year leasing authority for the Warm Springs 
that is shared by countless other tribes.
  This bill is supported by PGE, the Warm Springs Tribe and Jefferson 
County.
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