[Congressional Record Volume 151, Number 102 (Monday, July 25, 2005)]
[House]
[Pages H6398-H6400]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SPOKANE TRIBE OF INDIANS OF THE SPOKANE RESERVATION GRAND COULEE DAM
EQUITABLE COMPENSATION SETTLEMENT ACT
Miss McMORRIS. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 1797) 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.
The Clerk read as follows:
H.R. 1797
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 2006, the Secretary shall deposit in
the Fund $17,800,000; and
(2) for each of the 4 fiscal years thereafter, the
Secretary shall deposit in the Fund $12,800,000.
(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--
[[Page H6399]]
(i) house, preserve, and protect the burial remains,
funerary objects, and other 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 THE ADMINISTRATOR.
(a) Initial Payment.--On March 1, 2007, the Administrator
shall pay the Spokane Tribe--
(1) the amount that is equal to 29 percent of the Computed
Annual Payment for fiscal year 2005, adjusted to reflect the
change in the Consumer Price Index for all urban consumers
published by the Department of Labor, from the date on which
the payment for fiscal year 2005 was made to the Colville
Tribes to the date on which payment is made to the Spokane
Tribe under this subparagraph; and
(2) the amount that is equal to 29 percent of the Computed
Annual Payment for fiscal year 2006.
(b) Subsequent Payments.--On or before March 1, 2008, and
March 1 of each year thereafter through 2033, the
Administrator shall pay the Spokane Tribe the amount that is
equal to 29 percent of the Computed Annual Payment for the
previous fiscal year.
(c) Payment Recovery.--Pursuant to the payment schedule in
subsection (b), the Administrator shall make commensurate
cost reductions in expenditures on an annual basis to recover
each payment to the Tribe. The Administrator shall include
this specific cost reduction plan in the annual budget
submitted to Congress.
(d) Sunset.--This section shall have no force or effect on
and after the date that is 25 years after the date of the
enactment of this Act.
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 2007, $2,600,000; 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--
(1) 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; and
(2) all land on the south bank of the Spokane River that--
(A) extends westerly from Little Falls Dam to the
confluence of the Spokane River and Columbia River; and
(B) is located at or below contour elevation 1290 feet
above sea level.
(b) Restoration of Ownership in Trust.--All land
transferred under this section--
(1) shall be held in trust for the benefit and use of the
Spokane Tribe; and
(2) shall become part of the Spokane Indian Reservation.
(c) 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 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.
The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from
Washington (Miss McMorris) and the gentleman from California (Mr.
Cardoza) each will control 20 minutes.
The Chair recognizes the gentlewoman from Washington (Miss McMorris).
General Leave
Miss McMORRIS. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days within which to revise and extend their
remarks and include extraneous material on the bill under
consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from Washington?
There was no objection.
Miss McMORRIS. Mr. Speaker, I yield myself such time as I may
consume.
I am the author of H.R. 1797, which brings fairness to a long-
standing problem. I first want to thank my predecessor, the Congressman
from Washington, George Nethercutt, for his hard work on this issue. He
first introduced a version of this legislation 6 years ago. It is
through the foundation of that bill that I am able to present this
piece of legislation today before the House of Representatives.
I would also like to thank my colleagues from the Washington
delegation, the gentleman from Washington (Mr. Dicks) and the gentleman
from
[[Page H6400]]
Washington (Mr. Inslee). In addition, I would like to thank the
gentleman from Michigan (Mr. Kildee) for his support as well.
When the Grand Coulee Dam was built in the 1930s, the accompanying
reservoir inundated key parts of the Spokane Indian Reservation. Due to
a number of circumstances, the Spokane Tribe has never had the
opportunity to pursue monetary claims as a result of these land
damages. Rather than focusing on litigation, the tribe has instead
worked for many years to bring about a legislative solution.
The bill authorizes Federal funding to compensate the Spokane Tribe
for land damages. Since this nonlegal settlement is unique, these
payments are sunsetted. The bill also seeks to protect electricity
ratepayers by requiring the Bonneville Power Administration to cut
costs to make up for the payments to the tribe. As a result, Congress
does not expect the Federal Government to use this legislation as any
reason for a rate increase.
Mr. Speaker, this bill has bipartisan support and is the result of
lengthy discussions for over a decade. I commend the parties for their
hard work and commitment to bringing this solution, and urge my
colleagues to support this bill.
Mr. Speaker, I reserve the balance of my time.
Mr. CARDOZA. Mr. Speaker, I yield myself such time as I may consume.
(Mr. CARDOZA asked and was given permission to revise and extend his
remarks.)
Mr. CARDOZA. Mr. Speaker, the Democrats on the Committee on Resources
support the passage of H.R. 1797, which will provide a fair and
equitable financial settlement for the Spokane Tribe of Indians. H.R.
1797 will provide the Spokane Tribe of Indians with compensation which
will be proportional to the compensation provided to the Colville
Tribes through enactment of Public Law 103-436, the Confederated Tribes
of the Colville Reservation Grand Coulee Dam Settlement Act.
Our only concern with H.R. 1797 is the included sunset language in
section 6 of the bill. As noted in the additional views filed with the
committee report on this bill, however, the Spokane Tribe has agreed to
the sunset provision in the bill with the understanding that in the
future the tribe may seek an amendment to extend or modify the sunset
provision or otherwise seek reauthorization of the Bonneville Power
Administration's annual payments after the year 2030.
With this understanding, and in the interest of moving the
legislation forward and thereby providing long overdue relief to this
tribe, we do not object to the inclusion of the sunset provision in the
bill, and urge passage of the bill.
Mr. CARDOZA. Mr. Speaker, I yield back the balance of my time.
Miss McMORRIS. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentlewoman from Washington (Miss McMorris) that the House suspend the
rules and pass the bill, H.R. 1797.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.
____________________